The UK Immigration Appeals Process
Whether you have come to the UK for work or studies, you may want to apply to stay after residing and experiencing life here. Thousands of people do this but only some applications get approved. Refusal, unfortunately, is a common part of the UK immigration process. However, this doesn’t mean that you should lose hope and leave the country for good.
Instead, what you should do is to consult our immigration appeals lawyers in London. At Gulbenkian Andonian Solicitors, our qualified and experienced lawyers can provide you with the best advice on what to do next if your immigration application has been refused. In general, if your immigration appeal has been refused, your options are either to appeal that decision or make a new application with complete supporting evidence.
Although under the Immigration Act 2014, your appeal rights may be limited, you still have them. So, you don’t need to be disheartened. Applicants are notified of their right to appeal in the decision letter. Once you receive the decision letter, you can come to us. Our knowledgeable immigration appeals solicitors in the UK will thoroughly review your letter and guide you accordingly. We will provide you with step-by-step guidance and suggest the best option to challenge the decision. Our team is always available to assist you in launching a UK immigration appeal if your application has been refused.
The Best Way To Avoid UK Immigration Refusal
To drastically reduce the likelihood of a UK immigration refusal, and therefore the need to appeal or request a judicial review—is to work with an attorney who specialises in immigration before you submit your initial application. This can go a long way in saving time, stress, the heartache of being separated from your loved ones—as well as the costs associated with returning to the UK after deportation.
The most common reasons for immigration refusal include:
- Applying for an incorrect visa.
- Failing to provide the correct documents.
- Providing the correct documents, but not in the correct format.
- Providing incomplete evidence.
- Following the advice of friends, family members, or anyone who does not specialise in immigration applications.
- Non-disclosure of pertinent information.
- Relying only on the advice of the Home Office, from well-intentioned customer service agents who don’t understand the full scope of immigration law.We urge you to reach out to the London-based litigation attorneys at Gulbenkian Andonian Solicitors as soon as you or your loved one has been denied. This will provide us with ample time to gather the documents and evidence for your judicial review, tribunal hearing, court, or appeal. Again, we would prefer to work with you prior to submitting your application, but at the very least as soon as your immigration complication arises.
When do I have the right to appeal?
In most cases, a person has the right to appeal if their application had been refused by the Home Office, based on any of the following reasons:
- Humanitarian protection or Asylum
- Human Rights Claim
- If your humanitarian protection or refugee status is revoked
- If your Entry clearance application has been refused
What is the legal framework of the UK immigration appeal?
In order to file an appeal against the refusal decision for immigration you must first:
- Appeal to the first tier tribunal
- If this appeal dismissed, you can apply for permission to the first tier on a point of law to appeal to the Upper Tribunal.
- If the first tier refuses permission, you can apply directly to the upper tribunal for permission to appeal on a point of law.
- If that is refused, you can apply to the upper tribunal to appeal to the court of appeal on a point of law and if the upper tribunal refuses this, then, you can apply directly to the court of appeal.
How to lodge an appeal?
As an appellant, the first step that you’ll have to take is to lodge your appeal with the First-Tier Tribunal. If you’re appealing from within the UK, then you must submit your appeal within 14 calendar days. However, if you’re doing it from outside the UK, then you have 28 days to submit your appeal, starting from the date you get the refusal decision.
Your appeal will be heard at the First-Tier Tribunal. The judge will make a decision pertaining to your appeal and you will receive it in writing within 4 weeks or less. If the decision is positive, the Home Office may either appeal the decision that the judge has given or reverse their first decision.
However, if the decision is negative, then you can appeal to the Upper Tribunal, which is subject to merits. The Upper Tribunal is the superior court of record and a separate body. Therefore, the Upper Tribunal can examine the decision made by the First-Tier Tribunal and evaluate whether or not it made an error of law. If the decision is unlawful, then the Upper Tribunal shall direct the First-Tier Tribunal to remake the decision.
However, it is worth noting that you can only appeal in the Upper Tribunal if you seek permission from the First-Tier Tribunal. For this, the application for permission must be submitted after application dismissal from the First-Tier Tribunal.
What is the UK immigration appeal fee?
The cost of the paper appeal is £80 and £140 for oral hearings. The fee must be paid before you lodge an appeal. However, the appellant is not required to pay the fee if they are getting legal aid or asylum support or getting local authority benefits under Section 17 of the Child Act 1989.
What is the difference between an Oral and Paper Hearing?
If the appellant or their representative plans to attend the hearing, they can choose an oral hearing of the immigration appeal. However, if no one intends to attend the appeal, then they may opt for a paper hearing.
What is the Difference between a Non-Suspensive and Suspensive Right of Appeal?
As an appellant, you’re likely to come across these terms. A suspensive immigration appeal is an appeal that allows appellants to stay in the UK during the case hearings. On the other hand, a non-suspensive appeal can only be heard after the appellant leaves the country. Hence, you can also lodge an appeal from outside the UK. Here it is important to understand that if you lodge a non-suspensive appeal before you leave the United Kingdom, then it shall be deemed an abandoned appeal.
Can my appeal be heard urgently?
Yes, but there are certain requirements to meet in order to make sure that your appeal is heard urgently. At Gulbenkian Andonian Solicitors, we can write to the Tribunal stating why an urgent appeal should be granted to you. However, you will have to provide us with some supporting documents as evidence, such as medical reports (if you require a fast appeal because of health reasons).
How we can help you make an immigration appeal and increase the chances of success?
Whatever your situation may be, at Gulbenkian Andonian Solicitors, we have qualified lawyers with expert knowledge of the appeals system. Our immigration appeals lawyers in London will advise you on the strength of pursuing your appeal. We’ll work with you throughout the process to ensure you get guidance and assistance. Our team will scrutinize the court’s decision in-depth to ensure that you get a fair and just hearing. From making an application to arguing appeals, we are well-equipped in handling the advocacy requirements of the Upper Tribunal hearing process.