Immigration Law
Immigration decisions in Hong Kong can be challenged through various appeal procedures. Here is an overview of the appeal options and how a lawyer can help:
1. Request for reconsideration of an initially refused application:
Any application initially refused by the Director of Immigration may be the subject of one (or more) requests for reconsideration. A reconsideration file can be prepared and submitted by a lawyer on your behalf.
2. Appeal to the Immigration Tribunal:
If your immigration application is refused, you can appeal to the Immigration Tribunal. A lawyer can help you by preparing and presenting your appeal submissions to the adjudicator. He can gather the necessary evidence, prepare strong legal arguments, and represent your interests at the hearing.
3. Appeal to the Court of First Instance by way of Judicial Review:
If you are not satisfied with the decision made by the immigration tribunal, you can appeal to the Court of First Instance by way of Judicial Review. The criteria applicable to Judicial Review will be relevant, that is to say that it will not be a reconsideration of your case, but a possible annulment of the previous decision due to an error of law, or unreasonableness of the judgment .
A barrister can play a vital role in preparing your appeal brief, drafting the appropriate legal arguments, and representing your interests at the court hearing.
An experienced lawyer can assist in any of the above applications by providing legal advice, analysing the arguments in your case, preparing the necessary documents, and representing you in the appropriate tribunals and courts.
Romain Pierre Levaire is competent and experienced in Hong Kong Immigration law, and works with the leading solicitors active in this area.