If your application for a visa or immigration to the UK has been rejected, then you have the option to appeal against home office decision. Rees Clayton Immigration specialises in assisting clients with an appeal for immigration decisions and to the First-tier Tribunal (Immigration and Asylum Chamber).
You can just call us at 02033939272 if you have any issues concerning your visa or any questions on eligibility for a visa. We will help you provide legal advice and representation for immigration appeals and help you apply for one or find professional help with your application.
Only some of the decisions made by the Home Office on immigration matters can be appealed. A right of immigration appeal to the First-tier Tribunal is usually available to you if the Home Office has determined to:
Unfortunately, you will not be able to appeal an immigration decision if the Home Office has ruled that your human rights or asylum claim is “clearly unfounded.” You could, however, be able to challenge the Judicial Review’s certification of your claim.
What if the decision you want to challenge isn’t considered an appealable immigration decision? If so, you may still request an administrative review from the Home Office. If authorisation is denied, not all applications are eligible for administrative review.
Sometimes, you can appeal visa decision, even if the Home Office says you don’t have the right to, but you’ll need to raise a jurisdictional problem with the Tribunal. A returning resident visa where a familial link has been established might serve as an example.
Almost all immigration appeals commence online through the MyHMCTS platform. However, if you applied for pre-settled status or settled status under the EU Settlement Scheme and were refused, or if you are detained for some reason, the appeal will be made on paper.
The second situation happens when you file an appeal for UK immigration and ask for a hearing to decide the case. You and the immigration attorney will both be present at this hearing. As an alternative, you may ask that the tribunal determine your case by just using the data in your appeal form and the supporting documentation you sent.
After your immigration appeal has been filed, our immigration appeal lawyers will put in a lot of effort to strengthen your case. This includes creating a “appeal skeleton argument” (ASA), which is a summary of your case that outlines the issues and reasons why we disagree with the ruling, as well as uploading supporting witness statements and supporting documentation.
The Immigration Tribunal will then circulate the ASA and our set of enclosures to the Home Office, which will then complete a review. The review is a valuable method of delimiting the matters and, in many cases, reaching a consensus on the procedure to be followed, including withdrawal with a view to a grant.
You can appeal a decision in 2 different ways:
A good immigration appeal means that there will be a reasonable review without having to go to an appeal hearing before an Immigration Judge. It is crucial, therefore, that the Home Office is furnished with all tools of appeal and reasoning well put and briefly captured.
However, if your appeal goes to a hearing, the Immigration Tribunal will become an active party to your case. Active case management may prompt directions to the parties, pre-hearing reviews, or the listing of case management review hearings.
The date and location of your appeal before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber) will be communicated to you once all parties are prepared. You could sometimes be asked to physically visit the tribunal building, or you might be asked to attend by phone call or video connection. In any event, your immigration lawyer will accompany you on the day of the hearing, interrogate any witnesses, and make arguments to the Immigration Judge about why the appeal should be granted.
You must only use a paper form of appeal if your client is in detainment. If you are appealing on your own without an employment solicitor or immigration advisor.
If you applied before 6 April 2015, there is another way to appeal.
We have UK immigration solicitors with considerable experience and can assist you with immigration procedures.
If you have any difficulties with your visa, please contact us at 02033939272. You can also use the online form provided in the article.
Some Immigration Applications made in accordance with the relevant UK Immigration Rules that are categorised as human rights applications, therefore, have a right of appeal in case of refusal.
According to the Immigration Rules, the following in-country applications often provide the right of appeal against a judgement of denial:
Specific requests for permission to stay outside of the Immigration Rules may also qualify as human rights requests, giving the applicant the ability to challenge the judgment denying their request.
Therefore, every circumstance in which a claim is made may be considered a human rights claim.
Thus, a human rights claim can be regarded as any situation in which a person presents a claim. Part of the claim is that, under section 6 of the Human Rights Act 1998, it would be outlawed to remove the person from the UK, require the person to leave the UK, or refuse the person entry to the UK.
According to the Immigration Rules, the following out-of-country applications often grant an appeal against denial:
A legitimate application to enter a route permitted by the Immigration Rules outside of the UK must include a human rights claim that is not covered by the rules. For example, a foreign national may submit a visit visa application with a human rights argument that the regulations do not require authorisation to depart as a guest.
Where the Home Office believes that a claim has been made relying on a Human right, then any refusal decision will typically come with an appeal.
If you believe that your UK immigration decision appeal should be handled on an urgent basis, you can apply for an emergency case, considering your status. You will need to prove that there are special reasons why your case should be heard as of right: this evidence will need to be backed up with documents. A judge will then look at the case files and tell you whether your appeal will be heard earlier than usual.
Depending on the case’s complexity and the tribunal’s workload, the processing period for an immigration appeal before the First-tier Tribunal often varies from a few weeks to several months. Although there may be exceptions in certain cases, the typical fees for filing an appeal are £80 for a written hearing and £140 for an oral hearing.
The time it takes for individuals to receive a hearing date from a First-tier Immigration Tribunal is not fixed and depends on the specific case. The appeal of an immigration case can be further 5 to several months before being allocated a hearing date.
When your immigration appeal has been called for a hearing, the judge who hears your appeal will make a decision informing you whether your appeal has been granted or not. You will not usually be told the decision of the appeal when the appeal hearing is going on.
Nevertheless, the vast majority of decisions made by the First-tier Immigration Tribunal are published within almost 3 to 4 weeks.
A paper immigration appeal costs £ 80 if there is a relevant immigration appeal charge. Meanwhile, an immigration appeal by way of an oral hearing costs £140.
Where an appeal is considered under the EEA Regulations, Refugee or Humanitarian Protection, or where an applicant is imprisoned and has had a decision by the Detained Asylum Casework team at the Home Office. In cases where the ruling pertains to the denial of British citizenship, the removal of an EEA national under regulation 19, or the revocation of protection status, there is no applicable fee. However, there are other situations where you can dodge a fee.
If, for some reason, your immigration appeal is allowed, you may request a fee award, and the judge may also automatically consider such a request. The kind of evidence and points brought forward will determine defended here, with the benefit of hearing all the matters from the Respondent appropriately.
Asylum appeal UK is a process through which individuals who are being persecuted can apply for protection. After applying for asylum, the Home Office checks the application, and the client undergoes an interview.
In case the claim is swept, the applicant is offered refugee status. If the application is declined, an applicant can appeal the decision made.
Where an applicant is dissatisfied with a decision, the applicant can go to the First-tier Tribunal (Immigration and Asylum Chamber).
There are two main types of asylum appeals:
After the First-tier Tribunal decision, an applicant may appeal to the Upper Tribunal if they believe that the decision made was based on an error of law.
The 1951 Refugee Convention states that in order to be eligible for refuge in the UK, a person must demonstrate that they are in danger of persecution because of:
Usually, your decision will be put in writing within 28 days of the meeting.
If the Upper Tribunal (Immigration and Asylum Chamber) decides that a mistake was made, it can:
The Home Office can appeal the decision of the tribunal and refer it back to the Court of Appeal.
You can even challenge the decision before the tribunal of appeal on the grounds of a point of law if you feel that the tribunal erred in law.
You can always seek permission from the higher court of the jurisdiction in which you hold or function.
You must do this within:
If, for some reason, your appeal is not heard on the date originally set (perhaps there isn’t a judge), it will be adjourned and rescheduled.
Your hearing may also be ‘part heard,’ which means that there is no time to complete it or that it cannot be reached on the day, for example, when more evidence needs to be presented.
The tribunal will set another meeting with the same people in attendance.
At Rees Clayton, we have professional immigration solicitors in the UK who can help you with your immigration process.
The appeal court decision-making process may take time. In complex cases, it may take a few weeks, months, or even a year to resolve. Various reasons for the delay include the level of difficulty of the case and the number of similar cases that the court is handling.
If you do not agree with the decision of the Immigration Judge, then you can appeal the case to the Board of Immigration Appeals or the “Board.” The primary goal of this review is to check if the judge has made the appropriate decision. Known as an ‘appeal,’ it should be filed and must reach the Board within a period not exceeding 30 days from the date the judge determines the case.
In the appeal process, if the Home Office withdraws a decision at the review stage, it means that it is reversing an earlier decision to reject your case. Your appeal will then be over because the Home Office does not contest your application, and you will receive the status you applied for.
The Home Office ceasing to refuse is different from when an asylum claim is withdrawn. This is when the Home Office informs you that they will not make a decision on or consider your first asylum application because they are convinced that you have not been engaging in the system.
Before 31 October 2024, whenever someone was granted a Refugee (or other immigration) status, they would receive a Biometric Residence Permit or BRP card.
Starting from the 31st of October 2024, the Home Office ceased issuing physical BRP cards in favour of digital eVisas. This marked shift in the UK immigration system has had an impact on and will continue to do so for the many parties involved.
This means that the move-on process for persons who were granted Refugee Status after 31 October 2024 has been modified. The process is called the vending process when one is moving from the asylum system to refugee status.
If you were granted Refugee Status prior to 31 October 2024 and your Home Office decision letter informed you about a BRP card, you will continue to be issued one.
It means that if you have been refused by the judge at the First-tier Tribunal, you can still appeal that decision under the category of error of law in the Upper Tribunal.
You can go to the Upper Tribunal (Immigration and Asylum Chamber) for a rehearing if you believe there was a legal error in a First-tier Tribunal (Immigration and Asylum Court) ruling. The tribunal is an addressed body that has no connection to the government and will only hear both parties and then make the final decision.
You may not be allowed to bring the children into the hearing room with you. If you want to take them to the traumatic tribunal experience, then you will have to carry someone to take care of them.
To appeal an immigration decision, people can seek assistance from immigration lawyers, regulated immigration advisers, legal aid service providers, nonprofits, and the Citizens Advice Bureau. Our solicitors at Rees Clayton Immigration will also inform you of the desirability of appealing to the First-tier Tribunal. These professionals can assist you in the appeal process and enhance your appeal success rate.
