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What is an Immigration Appeal?
An appeal is a formal legal challenge in contradiction to the decision made by the Home Office against the immigration application.
If your application is refused, you may reserve the right to appeal against that decision or make another application with further supporting evidence. An appeal is formally requesting the judge of a court to overturn the Home Office decision by looking at the application. If you are filing an appeal against the Home Office, then the first-tier tribunal is the first court you can access.
Do I have a Right of Appeal?
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.
Time limit to apply for Appeal
If the appeal is made from inside the UK, it should be filed within 14 days of receiving the notice of your application refusal by the Home Office. However, if the appeal is being made outside the UK, then you are required to file the appeal within 28 days of the receipt of the Home Office refusal decision.
If you miss the deadline of the appeal, you may still apply for it as an “out of time” appeal, but it would require you to provide a valid reason for doing so and explain this to the Tribunal so that the Tribunal doesn’t refuse to consider your appeal.
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.
No Right of Appeal
If you do not have the right of appeal, you may be able to apply for administrative review from the Home Office. Only certain types of applications allow an administrative review if refused. Read more about the administrative review for details.
If you do not have the right of appeal, you may wish to look at whether a judicial review is possible in your situation. A judicial review is not the same as an appeal – an appeal looks substantively at the issues of your case. A judicial review looks only at how the decision on your case was made.
How we can help you?
Our team of Specialist UK Immigration Solicitors provides professional legal advice and representation in the courts about every aspect of pursuing a UK immigration appeal, including:
- Advice as 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.