Immigration Appeals
UK Immigration Appeals
Making an Appeal for UK visa refusal cases can be a complex process. If your application for entry clearance, further leave to remain, settlement, spouse/marriage visa, child visa, or human rights visa in the UK has been refused by the Home Office, our team of Immigration Solicitors can help you appeal against the decision. As of 2024, it may take between 6 months and one year to resolve.
UK Immigration Appeals
An appeal is a formal legal challenge of a decision made by the Home Office against an immigration application. In the case of an application refusal, you may have the right to appeal against that decision or make another application with better prepared and additional supporting evidence. An immigration solicitor can advise you on the best course of action based on your situation.
UKVI Appeals
If your UK visa application has been refused by UK Visas and Immigration (UKVI), also known as the Home Office, you may be able to appeal the decision to the First-tier Tribunal (FTT) if your refusal letter states you have that right. An appeal is the process of formally requesting the judge of a court to overturn the Home Office decision after looking at the application. When filing an appeal against the Home Office, the first-tier tribunal is the first court you can access. Note that most successful appeals are handled with the help of an experienced immigration solicitor.
Time is of the essence when appealing. If you are in the UK, you only have 14 days from the refusal date to appeal, while if you are outside the UK, you have 28 days. There are two types of appeals you can choose from: one based solely on submitted documents, and another that involves an oral hearing where you or your representative can attend. Your solicitor can advise you on the best approach for your individual case.
After receiving a refusal, carefully review your refusal letter to confirm your right to appeal and to understand the reasons for the refusal. Then, promptly consult an immigration lawyer to discuss your options and the best way to proceed. They can help you prepare your appeal, gather evidence, and represent you during the process. If you decide to appeal, your lawyer will compile the necessary documents and arguments to support your case and submit it to the FTT within the deadline. If you have chosen to have an oral hearing, you or your lawyer will attend to present your case. Finally, you will need to wait for the FTT to issue a decision on your appeal, which can take several weeks or months.
Remember, appealing a visa refusal is a complex process with strict deadlines. Acting quickly and seeking professional legal assistance can greatly improve your chances of a successful outcome.
Right of Appeal
If your UK visa application has been refused, you may have the right to challenge the decision. It is important to keep in mind that not all decisions made by the Home Office can be challenged and put up to the court as an appeal.
You only have a right to appeal where a decision has been made to either:
- A claim for international protection, i.e., Asylum claim.
- Human rights claim.
- Revoke protection status.
Appeals Process
The appeals process depends on the type of refusal and your individual circumstances.
Here are the primary grounds for appeal:
Protection Claims (Asylum/Humanitarian Protection)
Who Can Appeal: Individuals whose claims for asylum or humanitarian protection have been rejected.
Focus of Appeal: Demonstrating a well-founded fear of persecution or serious harm in your home country.
Where to Appeal: The First-tier Tribunal.
Revocation of Refugee Status
Who Can Appeal: Individuals who have had their refugee status or humanitarian protection revoked.
Focus of Appeal: Proving that the revocation decision is unjustified and that you face a real risk of harm or persecution upon return.
Where to Appeal: The relevant Tribunal.
Human Rights Claims (Article 8 ECHR)
Who Can Appeal: Individuals whose applications have been refused on the basis of family or private life under Article 8 of the European Convention on Human Rights (ECHR).
Focus of Appeal: Arguing that the refusal decision disproportionately interferes with your personal and family life.
Where to Appeal: The relevant Tribunal.
European Nationals (EEA Regulations)
Who Can Appeal: EEA nationals and their family members who have received adverse decisions under the EEA Regulations.
Focus of Appeal: Ensuring that the decision complies with EEA Regulations and EU laws.
Where to Appeal: The relevant Tribunal.
Appealing a UK Visa Refusal
Appealing a UK visa refusal involves a formal process with strict deadlines and specific requirements. While the exact procedure may vary slightly depending on the type of visa and your location, the general process remains similar.
Grounds for Appeal
You must state the grounds you are relying on when applying for the appeal. These are the legal reasons and basis for your appeal and are mentioned below:
- Your removal or the revocation of your protection status would breach the UK’s obligations under the Refugee Convention under Humanitarian Protection or Human Rights Act.
- A decision made by the Home Office is unlawful under the Human rights act.
Here is an overview:
Determine Your Eligibility
- Review Your Refusal Notice: Carefully examine the refusal notice to understand the reasons for the decision.
- Grounds for Appeal: Assess whether you have valid grounds for an appeal based on the type of refusal and your circumstances.
Complete the Appeal Form
- Correct Form: Use the appropriate form (e.g., IAFT-1 for in-country appeals).
- State Your Reasons: Clearly articulate your reasons for appealing.
- Supporting Evidence: Include all relevant supporting documents to strengthen your case.
Pay the Appeal Fees
- Fees: £80 for a paper hearing, £140 for an oral hearing.
- Fee Waivers: Check if you qualify for a fee waiver based on your financial situation.
Submit Your Appeal Within the Time Limit
- Deadlines: 14 days for in-country appeals and 28 days for out-of-country appeals.
- Timely Submission: Ensure your appeal is submitted within the specified timeframe to avoid rejection.
Attend Your Hearing
- Participation: Attend the scheduled tribunal hearing to present your case and respond to any questions.
Await the Tribunal’s Decision
- Decision Outcome: The tribunal may instruct the Home Office to reconsider your application or may dismiss your appeal.
- Follow-Up: Stay informed about your appeal status and be prepared for the next steps based on the tribunal’s decision.
Be Aware of Decision Timeframes
- Variable Timeframes: Decision time frames vary depending on the appeal type, complexity, and tribunal workload.
- Regular Updates: Keep track of your appeal status and any communications from the tribunal.
Need Assistance?
Appealing a UK visa refusal can be a difficult process, seeking legal advice from Axis Solicitors will ensure that you have the best chances of a favourable outcome. Contact us for assistance every step of the way.
Key Points To Remember
- Strict deadlines: You typically have a limited timeframe to appeal, often 14 days if you are in the UK or 28 days if you are outside the UK.
- Specific grounds for appeal: You must clearly state the legal reasons why you believe the decision was incorrect, referring to relevant laws and policies.
- Supporting evidence: Strong evidence is crucial to support your appeal. This could include documents, witness statements, or expert opinions.
- Legal representation: Seeking advice from an immigration solicitor can significantly improve your chances of success. Our solicitor can guide you through the process, prepare your appeal documents, and represent you at hearings.
If you are not eligible to appeal a Home Office decision, there may still exist options that you can explore with an experienced solicitor.
How We Can Help
Case Review
We begin with a comprehensive review of your case to assess the likelihood of success. During this stage, we will discuss fees and recommend the most effective approach tailored to your situation.
Evidence Gathering
Time is critical in the appeals process due to strict deadlines. We assist you in gathering all necessary documents and information to build a robust case.
This includes:
- Collecting relevant documentation
- Ensuring all evidence is complete and compelling
Hearing Preparation
We meticulously prepare for your hearing to ensure every detail is addressed, including:
- Compiling persuasive evidence
- Drafting a strong legal argument
- Identifying relevant case law and policy violations
- Preparing a detailed and accurate statement of your circumstances
- Conducting mock Q&A sessions to ensure you are fully prepared for the hearing
The Hearing
We guide you through the entire hearing process with the following steps:
- Pre-hearing conference to boost your confidence
- Meeting with the Home Office presenting officer, which can sometimes result in an early favourable decision
- Formal presentation of your case to the judge
- Questioning by both parties
- Closing submissions
Post-Hearing Discussion
After the hearing, we will receive the written decision and discuss the outcome with you and if required prepare for taking further steps. This ensures you have a complete understanding of the decision and your options moving forward.
Axis Solicitors & Immigration Appeals
Our team of Specialist UK Immigration Solicitors provides professional legal advice and representation in the courts about every aspect of UK immigration appeals, including:
- Advice to the merits of appealing against Home Office immigration decisions.
- Drafting grounds of appeal to the First-tier Immigration Tribunal.
- Preparation of appeal bundles for Immigration Appeal hearings.
- Expert Representation at Case Management Review Hearings.
- Representation at Immigration Appeal hearings before the First-tier Tribunal.
- Advice as to the merits of appealing against a decision of the Immigration Tribunal dismissing an Immigration Appeal.
- Drafting applications for Permission to Appeal to the Upper Tribunal.
- Representation at Immigration Appeal hearings before the Upper Tribunal.
- Advice as to the merits of appealing against a decision of the Upper Tribunal, drafting applications for permission to appeal and representation in Immigration Appeals before the higher courts.
FAQ: UK Immigration Appeals
Can I Appeal All Decisions Made by the Home Office?
No, not all decisions made by the Home Office can be appealed. You only have a right to appeal in the following cases:
- A claim for international protection: This includes asylum claims.
- Human rights claim: If your human rights have been violated, you can appeal the decision.
- Revoke protection status: If your protection status has been revoked, you can appeal this decision.
If your case does not fall under these categories, you may not have the right to appeal. Consult with our immigration solicitors to understand your options.
What Is the Time Limit for Appealing a UK Visa Refusal?
The deadline for filing an appeal depends on your location when you receive the refusal notice:
- Inside the UK: You must file your appeal within 14 days of receiving the refusal notice.
- Outside the UK: You have 28 days from the date of the refusal notice to file your appeal.
Important Note: If you miss the deadline, you can still apply for an “out of time” appeal. However, you’ll need to provide a valid reason for the delay and convince the Tribunal to consider your appeal.
Need help with your UK visa appeal? Contact Axis Solicitors today for expert guidance.
What Are the Grounds for Appealing a Home Office Decision?
When appealing a Home Office decision, you must state the legal reasons (grounds) for your appeal.
The grounds for appeal include:
Breach of UK’s obligations: Your removal or the revocation of your protection status would violate the UK’s commitments under the Refugee Convention, Humanitarian Protection, or the Human Rights Act.
Unlawful decision: The decision made by the Home Office is considered unlawful under the Human Rights Act.
It is important to clearly state the grounds for your appeal and provide enough compelling supporting evidence to strengthen your case. Consult with Axis Solicitors to understand the specific grounds relevant to your situation and ensure your appeal is effectively presented.
What if I Do Not Have the Right to Appeal a Home Office Decision?
If you are not eligible to appeal a Home Office decision, there are still options you can explore:
- Administrative Review: Certain types of applications allow for an administrative review if refused. This process involves the Home Office reviewing its decision for potential errors or oversights. Refer to the specific information on administrative reviews for eligibility and procedures.
- Judicial Review: This is not an appeal in the traditional sense, but rather a legal process to examine the way the decision was made, focusing on procedural fairness and legality. It does not reassess the merits of your case but challenges the decision-making process itself. Judicial reviews are complex and require legal expertise, so seeking professional advice is crucial.
Remember, even if you do not have the right to appeal, other avenues may exist to challenge or review a Home Office decision. Schedule a free initial assessment.
UK Immigration Appeals
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