Appeals
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.
Call 0208 995 3556 to speak to one of our advisors
Appeals
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.
Call 0208 995 3556 to speak to one of our advisors
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 still 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 recognised as one of the leading multi-practice firms in the UK. Our specialist lawyers can be contacted on 0208 995 3556 / 0844 556 9901 or e-mail info@descartessolicitors.co.uk.
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