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How to Challenge a Clearly Unfounded Immigration Decision?
Challenge a Clearly Unfounded Immigration Decision
Learn how to challenge a Home Office’s clearly unfounded immigration decision. Deluxe Law Chambers’ expert solicitors guide you on Judicial Review & fresh claims.
If your asylum, protection or human rights claim has been refused by the Home Office, the decision may be certified as clearly unfounded. This certification means you are told you have no right of appeal and must leave the UK.
However, this does not necessarily mean the end of your case. At Deluxe Law Chambers, our experienced immigration solicitors in Manchester & London assist clients nationwide in challenging such decisions through Judicial Review or fresh submissions, ensuring that no legal avenue is overlooked.
Legal Framework Governing Clearly Unfounded Certificates
Under section 82(1) of the Nationality, Immigration and Asylum Act 2002, rejected protection and human rights claims ordinarily attract a right of appeal.
However, the Secretary of State may remove this right by certifying the claim as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002.
Until June 2022, individuals could pursue an out-of-country appeal against such certification. But since the Nationality and Borders Act 2022 (section 28) came into effect, this option has been abolished. Therefore, claimants now have no automatic right of appeal against a “clearly unfounded” decision.
Despite this restriction, legal remedies still exist, including Judicial Review and further submissions.
Your Options if Your Claim is Certified as Clearly Unfounded
If your immigration claim has been certified, you generally have two main options:
- Challenge the certification via Judicial Review
- Make further submissions (fresh claim) with new evidence
At Deluxe Law Chambers, we carefully analyse your case to advise on the most effective strategy.
Judicial Review of Clearly Unfounded Certificates
A Judicial Review (JR) challenges the lawfulness of the Home Office’s decision, not the merits of your immigration claim itself.
The Court examines whether the decision was:
- Illegal (contrary to law),
- Irrational (so unreasonable that no reasonable decision-maker would reach it), or
- Procedurally unfair.
Because JR is complex and time-sensitive, our immigration solicitors ensure your case is meticulously prepared, highlighting all errors of law or procedure made by the Home Office.
Time Limits for Judicial Review Applications
Strict deadlines apply. An application for Judicial Review must normally be lodged within 3 months of the decision.
Extensions are rare and only granted for very good reasons. Acting quickly with expert legal advice is essential.
The Pre-Action Protocol Before Judicial Review
Before commencing JR, a Pre-Action Protocol (PAP) Letter must be sent to the Home Office.
This letter sets out:
- Why the decision is unlawful,
- The parts of the decision being challenged, and
- What remedy you seek.
The Home Office should normally reply within 14 days. Sometimes, if the error is obvious, the Home Office may agree to reconsider without the need for full proceedings.
Our immigration team at Deluxe Law Chambers are highly experienced in drafting powerful Pre-Action Protocol Letters that can lead to early resolution.
Applying for Permission and the Substantive Hearing
If the Home Office refuses to reconsider, the next step is to apply to the Upper Tribunal for permission to proceed with Judicial Review.
- A Judge will first consider the application on the papers.
- If permission is refused (but not certified as “totally without merit”), you may request an oral hearing.
- If permission is granted, the case will proceed to a substantive hearing, where the Judge will assess whether the Home Office acted unlawfully.
What Happens if Judicial Review is Successful?
If the Judicial Review succeeds, the certification of your claim as “clearly unfounded” will be quashed.
This does not overturn the refusal itself but restores your right of appeal, allowing you to present further evidence to the Tribunal.
In some cases, successful Judicial Review may also reactivate section 3C leave under the Immigration Act 1971, protecting your lawful stay while the appeal is ongoing.
Further Submissions After a Refusal
If Judicial Review is not pursued, you may make further submissions under paragraph 353 of the Immigration Rules.
These submissions must provide new evidence or legal arguments showing a realistic prospect of success, such as:
- Medical or psychiatric reports,
- Country condition reports,
- New case law,
- Updated Home Office guidance,
- Expert evidence supporting your case.
How the Home Office Considers Further Submissions
The Home Office uses a two-stage test:
- Stage 1 – Consideration on the merits: The new evidence is considered alongside the original claim.
- Stage 2 – Fresh claim assessment: The Home Office decides whether the new material is significantly different and creates a realistic prospect of success.
If a fresh claim is recognised, you will be granted a right of appeal, bypassing the original certification.
The Effect of Further Submissions on Clearly Unfounded Claims
- If granted, further submissions may lead to leave being issued.
- If refused but accepted as a fresh claim, you gain an appeal right before the Tribunal.
- However, further submissions do not revive your leave to remain, meaning you may still technically be without lawful status during consideration.
Why Instruct Deluxe Law Chambers Immigration Solicitors
At Deluxe Law Chambers, we specialise in complex immigration refusals, including cases certified as “clearly unfounded”.
- Decades of combined expertise in Judicial Review and immigration appeals
- A track record of successfully challenging Home Office decisions
- Offices in Manchester with remote support across the UK
- Tailored, compassionate advice for every client
If your claim has been certified as “clearly unfounded”, contact our team immediately for urgent advice.
📞 Call us on 01614644140
📩 Email: info@deluxelawchambers.co.uk
Frequently Asked Questions (FAQs)
What does “clearly unfounded” mean in immigration law?
It means the Home Office considers your claim to have no realistic prospect of success, removing your right of appeal.
Can I appeal a clearly unfounded immigration refusal?
Not directly. You must either challenge it via Judicial Review or make further submissions with new evidence.
How long do I have to challenge a certification?
You must apply for Judicial Review within 3 months of the decision.
Do further submissions stop removal from the UK?
They may create a temporary barrier to removal, but they do not restore lawful leave.
Glossary of Key Terms
- Judicial Review (JR): A court process challenging the legality of a public authority’s decision.
- Pre-Action Protocol (PAP): A formal legal letter sent before starting JR.
- Section 94 Certification: A legal provision allowing the Home Office to refuse appeal rights by deeming claims “clearly unfounded”.
- Fresh Claim: A new claim based on new and significant evidence.
Deluxe Law Chambers – Specialist Immigration Solicitors are here to provide expert advice and representation if your claim has been certified as clearly unfounded.
