The question in respect to an application seeking interim relief (of which an injunction forms one such relief) is a complicated one.
The reason for this is because whether or not interim relief is required will depend on the circumstances the individual finds himself in. Traditionally, the necessity for interim relief is required in a narrow window and often an application, appeal or Judicial Review application will suffice to stop enforcement action from the Home Office. Enforcement can only take place if there are no 'barriers to removal' and applications, appeals and Judicial Review applications are such barriers to removal (other than in very case specific examples).
This article is addressing interim relief specifically.
In immigration, the main need for interim relief is normally associated with removals/deportations that are 'chartered'. This means that the Home Office have arranged a specific flight for individuals of the same nationality to return on one flight. This is oppose to normal commercial flights that some are returned on. You can identity a chartered flight because of the initials 'PVT' (or private) on the flight details.
Due to changes in immigration laws introduced in 2014, removals can sometimes be served upon an Applicant at short notice. It can follow the refusal of an application where there is only an out of country or when an individual has been detained and has no pending applications with the Home Office. Applications for interim relief can be made in one of two ways.
Firstly, if an individual can submit an application for Judicial Review by 4:30pm, the Upper Tribunal (or the High Court) can review applications for interim relief on the same day - this is known as in-hours.
However, this is not always possible given the abrupt nature of removals. Therefore, there may be occasions where an application can only be made out-of-hours. Simplistically put, an individual or their legal representatives will need to contact the Court Clerk for the Queens' Bench Division to seek permission to file an application for interim relief. If permission is granted, an application form, grounds setting out the reasons why interim relief is required and supporting documents will need to be filed with the Court Clerk as soon as possible. Grounds can rely on a number of reasons such as human rights, international protection or European law.
Once the application is submitted, the legal representative or a barrister (if one can be found on short notice) will then give submissions on the telephone before the Duty Judge as to why interim relief should be ordered. Please note that the standard of proof or legal threshold to justify interim relief is of the balance of convenience.
The Duty Judge will then make a decision on whether interim relief is to be granted. If the decision is negative, then application before the Court of Appeal can be made but practically speaking there is often insufficient time to do so.
Where the interim relief application has been granted, the Court Clerk will email over to the legal representative and Home Office a copy of the Order to make sure removal has been deferred. However, your legal representative should also be seeking confirmation that the Home Office have received the Order and the terms will be adhered to. The Judge will then normally ask that the legal representative give an undertaking (a formal promise of which a breach has serious implications) as to when a Judicial Review application is to be submitted - some Judges are known to expect such an application to be filed the following working day.
In any event, you will need to go to the Royal Courts of Justice to pay for the out-of-hours application, to pay for the Order to be sealed (signed and stamped) by the Judge and then filed with the Upper Tribunal or High Court (depending on who has jurisdiction over the Judicial Review claim).
You will see that there are complicated, and time sensitive issues involved with seeking interim relief -particularly when done out-of-hours and you should seek legal representation immediately should you require assistance.
How we can help
Our immigration lawyers are experts in dealing with emergency injunctions. We will help you to decide what your options are and once you understand your options, will offer you a tailor-made service for the process. Contact us on 020 3540 7770 or e-mail us at firstname.lastname@example.org
481 ReviewsREAD ALL REVIEWS
Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
Cheap Immigration Lawyers in London
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
Best Immigration Solicitors
I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.