Iraq Ghana English French Kurdish Turkish

Appeals

Right of Appeal against a visa or immigration decision

You may be able to appeal to the First tier Tribunal (Immigration and Asylum Chamber) against a decision by the Home Office under certain circumstances, particularly if you have existing leave to enter or remain in the United Kingdom at the date of your application for further leave.

The categories under which you may be able to bring an appeal are:

  • Refusal of a protection claim known as asylum or humanitarian protection
  • Refusal of a Human Rights claim
  • Refusal of an application under the European Economic Area (EEA) Regulations in instances where the Home Office has refused to grant you a residence document
  • The Home Office has decided to revoke a residence document
  • The Home Office has decided to make a deportation order
  • The Home Office decided to revoke your protection status
  • The Home Office decided to take away your British citizenship

In addition to the above, you may also be able to appeal to Tribunal in respect of a decision on an application made before 6 April 2015.

In all circumstances you should always check the letter accompanying the Immigration decision to find out if you have a right of appeal.

In some cases you will be given a right of appeal, which can only be exercised after you have left the United Kingdom. This will normally include the following;

  • You had no existing leave to enter or remain in the UK at the time of your application
  • The Home Office has decided to certify your Human Rights application as clearly unfounded

 

Timescale to appeal

For in country appeals, you have to appeal within 14 days after the date of the Home Office decision.

If the Home Office has certified your Human Rights claim then you can only appeal after you have left the UK. Under these circumstances, you have to appeal within 28 days after the date of the decision of your application.

 

Out of Time Appeals

It is very important that you appeal within the period given in the letter. If you appeal after the expiry of that period then you must apply to the Tribunal to extend time and provide reasons for not appealing in time.

The Tribunal will require strong and special reasons before deciding if it should accept your appeal as if it was filed in time.

 

Decisions under the Points Based System

If your case relates to a category under the Points Based system, such as Tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an Administrative Review. The decision letter normally informs you if you are entitled to an Administrative Review.

However, you can stillĀ appeal to the first Tier Tribunal against a decision by the Home Office if your application was made before 6 April 2015.

In relation to applications made under Tier 1, 2 or 5 (including family members) you can appeal if you made your application before 2 March 2015 and your application was refused on or after 6 April 2015 and the result of the decision is that you no longer have leave to enter or remain in the UK.

How we can help

Our experienced lawyers can help Appellants:

  • File an appeal with the First tier Tribunal
  • Challenge decisions by way of Administrative or Judicial Review applications

 

We will assist by:

Obtaining the complete facts of a case

  • Collating relevant documents
  • Advising on the best solutions
  • Completing the relevant appeal Forms
  • Preparing Grounds of Appeal
  • Preparing Appeal and Witness Statements
  • Preparing Appeal Bundle (of documents)
  • Liaising with the relevant authorities
  • Obtaining Independent Evidence (such as Expert, Psychiatric Reports)
  • Representing you at the first Tier Tribunal
  • Providing follow up and support services

CONTACT US

Descartes Solicitors is recognized as one of the leading multi-practice firms in the UK. Our specialist immigration team is confident that you will receive a transparent, competent, efficient and cost effective service.

For advice and assistance with appeals, please contact our lawyers on 02089953556/08445569901 or email info@descartessolicitors.co.uk

LINK TO UKVI GUIDANCE

https://www.gov.uk/immigration-asylum-tribunal/overview