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Buachaill, Barrister
Category: Law
Satisfied Customers: 10947
Experience:  Barrister 17 years experience
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My father in law came to the UK as the representative of an

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My father in law came to the UK as the representative of an overseas business, with my mother in law as his spouse. He has failed to do much trade and the relationship with the business owner has broken down. His application to extend his leave was rejected several times, and he was subsequently advised to submit a fresh application citing right to a family life on the basis that his two adult sons and their children are permanently settled in the UK (one of these adult sons being my husband, and one of the children being my son). This application has now also been rejected and he's being advised to apply for Judicial Review to buy time to submit yet another application, this time adding the current political climate in South Africa to the family/private life claim. I'm worried this will cost a lot more money that he doesn't have, and doesn't have much chance of success anyway. I am a British citizen by birth, my husband is a South African national with indefinite leave to remain, and our son is a 3 year old British citizen. I don't mind paying for advice - I'd just like to know what the chances of success are before huge sums of money are committed to. Thank you.

1. There is a two stage process to a Judicial Review application. The first stage, the leave stage, is where the applicant, such as your father in law, seeks the permission of the court to bring his action. The prospects of success at this stage are about 40-50%. However, even if successful, it merely entitles the applicant to bring his case. The second stage is the hearing of the actual Judicial Review application. Here the prospects of success are 3-5%. Very low.

2. The reason for the very low success rates include the fact that there is a hostile judicial attitude towards persons seeking to obtain visas or citizenship in the UK who don't fall within the recognised categories, for which UK Visas have not granted a visa. There is a large element of deference to the decisions of the HOme Office.

3. Dear Leanne, Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

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