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From time to time we will publish features focusing on legal procedures, case law and general developments within the law. These are provided for information only and should not in any way be regarded as provision of legal advice.

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Solicitors Regulation Authority

Douglass Simon Solicitors is authorised and regulated by the Solicitors Regulation Authority under SRA number: 670776

Other Services

Testimonials

“I am grateful to your solicitors [Douglass Simon] for their carefully constructed bundle of documents, their focused and limited grounds, and their cogent argument. These fea

Upper Tribunal Judge Edward Jacobs on an application for Judicial Review

“The notice of appeal shows that the appellant submitted detailed grounds of appeal highlighting how the decision breached her article 8 private life ties… A wealth of d

First Tier Tribunal Judge Phull

“The Appellant’s case is fully particularised in the Grounds of Appeal submitted by the Appellant’s current Solicitors, Douglass Simon.”

and

“I

First-tier Tribunal Judge A. Khawar granting an Appeal based on the income threshold and subsisting relationship under Appendix FM of the Immigration Rules

“…it is arguable that the Judge’s reasoning is flawed for the reasons set out in the grounds [prepared by Douglass Simon Solicitors]

Upper Tribunal Judge Allen granting permission to appeal on a complicated asylum matter from the First-tier Tribunal

“…the decision is subjected to detailed analysis…”

Designated Judge of the First-tier Tribunal Digney on an application for permission to appeal to the Upper Tribunal on a complicated asylum matter

“As this arguable error of law has been identified [by the appellant’s representative] all the issues raised in the grounds are arguable.”

First-tier Tribunal Judge Osborne in a decision granting permission to appeal to the Upper Tribunal as to whether ‘time’ can be a legitimate aim to a proportionality assessment under Article 8(2) of the ECHR

“As [the] grounds make clear…”

Upper Tribunal Judge Eshun in agreeing with our Grounds for Permission to Appeal and granting permission to appeal to the Upper Tribunal by finding that the First-tier Tribunal made an error in its approach and interpretation of the EEA (Immigration) Regulations 2006

“In light of the detailed submissions in the skeleton argument upon which I indicated that my preliminary view was favourable…”

Judge of the First-tier Tribunal Roopnarine-Davies in allowing an appeal on a legal point of construction in respect of the Domestic Worker Rules and Statement of Changes HC628;

“The notice of appeal was accompanied by detailed submissions by the Appellant’s solicitors which I have read…
I agree with [their] analysis…”

First-tier Tribunal Judge S J Widdup allowing an appeal in respect of an EEA appeal under the Imm. (EEA) Regulations 2006 and the Secretary of State’s duties on the approach to evidence of exercising Treaty Rights

“The claim [presented by the claimant’s solicitors]…is arguable…based on errors of law and/or reasoning.”

Stephen Morris QC sitting as Deputy High Court Judge in granting permission to apply for Judicial Review in complicated human rights case involving adult siblings and a child alleging sexual abuse

“A plethora of evidence was submitted…”

and

“The Respondent did not have the power to dispose of an application in such a way. Returning documents

Referring to (and agreeing) with our submissions in the Grounds of Appeal (and described orally in proceedings as “innovative”) that the Home Office practice of administratively returning EEA applications on account of insufficient evidence but falling short of making an “EEA decision” in order to bypass the right of appeal in Regulation 26 of the EEA (Imm) Regulations 2006, is unlawful (ultra vires).

“The grounds [submitted by Douglass Simon Solicitors] complain, arguably rightly, that the respondent’s decision to refuse the application and her daughter leave to remain h

Referring to detailed Grounds of Claim on a Judicial Review involving considerations of the child’s best interests under section 55 of the BCIA 2009 Upper Tribunal Judge Perkins considering Grounds of Claim on the papers in relation to an application for permission to apply for Judicial Review

“…a series of energetic submissions made…”

On oral submissions made at a hearing by reference to grounds of application Upper Tribunal Judge Peter Lane in relation to an application for permission to apply for Judicial Review (renewal hearing)

“The applications were submitted with detailed representations and submissions.”

and

“The notices of appeal are supported by grounds which run to 30

Judge of the First-tier Tribunal Hanley sitting in the First-tier Tribunal allowing an appeal which involved human rights factors arising from shortages in the care industry and the historical wrong of operating a system (a Shortage Occupation List) which was ultra vires under section 3(5) of the Immigration Act 1971 (as amended)

“…a good arguable [claim] for both claimants is revealed.”

HH Judge Anthony Thornton QC sitting as a judge in the High Court (Administrative Court) in relation to an application for permission to apply for Judicial Review

“The representations went on to weave a rich tapestry of argument, ranging from Aristotle to Lord Mersey, to the effect that there was space for the application to succeed wit

Immigration Judge M Symes in the First-tier Tribunal in allowing an Appeal which involved consideration of Paragraph EX.1 of Appendix FM, Human Rights and other discretionary factors.

“…very detailed, addressing each point of the Refusal in turn….a key ingredient in the amended grounds of appeal is that the Appellant is treated as a member of [the emplo

First-tier Tirbunal Judge R Sullivan in allowing an appeal on the papers following written submissions which applied the Court of Appeal’s ruling in Nambalat v Taher & Anor [2012] amongst other references to the case-law and policy

“I hope I do Mr. Sowerby’s [Barrister] submissions no disservice if I say that they did not materially add to the detailed and helpful grounds of appeal [prepared by instruc

Upper Tribunal Judge Moulden on an appeal which involved consideration of the Home Office’s policy on ‘evidential flexibility’

“If [the facts] are as asserted [by the appellant’s solicitors]…it is arguable that the decision was infected by a serious want of fairness”

Lord Justice Laws in the Court of Appeal granting permission pursuant to the second appeals test under Upper Tribunal Order 2008 (SI 2008/2834)

“It is the most learned pleading I have ever seen….it is a very serious document.”

Immigration Judge Blake in the First-tier Tribunal on grounds of appeal submitted in relation to Articles 8, 6 and 12 of the ECHR

“….the detailed grounds of claim…display a good knowledge of human rights and immigration law….”

On an application for Judicial Review before the Administrative Court - Mr. Justice Mitting in the Administrative Court

“In well crafted grounds of appeal prepared by the appellant’s solicitors [Douglass Simon]….the representatives were alert to the substitution of that paragraph by

Immigration Judge M. B. Hussain in the First-tier Tribunal

“The…evidence [provided by the appellant’s representative] is most comprehensive….it is carefully set out…”

Immigration Judge JR Devittie in the First-tier Tribunal

“I find that the reasons given by the respondent for refusing the appellant’s application lack any substance and that the same have been adequately and satisfactoril

Immigration Judge Pedro in the First-tier Tribunal

“Detailed grounds of appeal were prepared amounting to 14 pages of the appellant’s bundle….an attempt to explain how this could be made in an entirely innocent way

Immigration Judge Ferguson in the First-tier Tribunal

In dismissing an appeal by the Secretary of State in the Upper Tribunal “….as clear as day that these grounds [by the Secretary of State] are misconceived and should not

Upper Tribunal Judge Kopieczek

“The Appellant’s solicitors have set out at some length and with great force the arguments and the law….I agree with [them]…”

Immigration Judge Graham Campbell in the First-tier Tribunal

In allowing an appeal on a Tier 2 Points Based System matter “….Grounds of Appeal submitted on his behalf by his solicitors, Douglass Simon…are set out over thirteen p

Immigration Judge Sharp of the First-tier Tribunal

“There is…a detailed review of the law…in some considerable detail…”

Immigration Judge Sharp of the First-tier Tribunal

“It is also clear from the case-law in relation to the CCOL…to which Douglass Simon referred in the covering letter to the application that the mere obtaining of the CCO

Judge Randall of the First-tier Tribunal

“The appellant’s solicitors have submitted Grounds of Appeal. It is very detailed…the relevant parts are indeed very illuminating.”

Judge NMK Lawrence of the Firs-tier Tribunal in relation to the policy classification of "graduate level" jobs within Tier 2 of the PBS

“The [well-written] lengthy grounds seeking permission to appeal challenged the interpretation of the Rules and the Article 8 findings on 5 separate grounds.”

Upper Tribunal Judge Coker

“The grounds …are well argued and argue, inter alia, that Shahzad (s85A: commencement) [2012] UKUT 81 (IAC) applies. That may well be so…All grounds may be argued.R

Designated First-tier Tribunal Judge Manuell

“The appeal was … realistically therefore argued [by the Appellants’ solicitors] relying on the impact on return….”

Immigration Judge Shamash

“…ingenious argument…”

Designated First-tier Tribunal Judge Manuell

“…full and detailed…”

First-tier Tribunal Judge O'Garro in relation to the submitted grounds of appeal