Appeal against a visa or immigration decision
Immigration decisions that can be challenged with an appeal are usually the results of applications in which Human Rights issues have been called into question. You might be able to appeal to the Immigration and Asylum Chamber of the First-tier Tribunal if the Home Office has:
· refused your asylum claim
· refused your human rights claim
· refused to give leave to enter or settle in the UK
· decided to renounce your protection status
· decided to erase your UK citizenship
· decided to deport you from the UK
You may have the option to request an administrative review from the Home Office if you don’t have the right to appeal. If your human rights case has been certified, meaning no right of appeal is given, you may also be able to seek to appeal by way of Judicial Review.
The First Tier Tribunal of the Immigration and Asylum Chamber is the primary court that addresses immigration appeals. During the appeal, an independent and autonomous judge will hear many kinds of appeal, depending on the situation and reason for appeal.
An immigration appeal is submitted by prescribed form, which should include an explanation of the grounds of appeal, and your signature- or that of your legal representative. An appeal must be lodged within 14 calendar days from the date of the decision for in-country appeals, and 28 days for out-of-country appeals in the case of you being denied entry.
In the case of your appeal being refused by the judge at the First Tier Tribunal, you can submit a request to the First Tier Tribunal for permission to appeal to the Upper Tribunal. The application must be sent within 5 calendar days for in-country appeals, and 28 days for out-of-country appeals. This application for permission is to be lodged on the grounds that the judge at the First Tier Tribunal made a lawful mistake in the decision against the appeal. If your request to the First Tier Tribunal for permission to appeal has been denied, you can submit an application to the Upper Tribunal for the same permissions.
If permission has been granted by either tribunal, the Upper Tribunal will consider the matter in a hearing to determine if the judge made an error of law in the original decision, and whether the original application should be reviewed. If the appeal is refused, you have the option to file a request to the Upper Tribunal for permission to appeal to the Court of Appeal. If the application is refused by the Upper Tribunal, you can lodge the request to the Court of Appeal for permission to appeal directly instead, where the appeal will be considered again.
How we can help:
We provide advice on a one to one basis and advice is always tailored to the specific needs of our client. We also work very closely with agencies that provide other support and guidance to refugees and asylum seekers, such as Migrant Help and Refugee Action, and are currently part of the duty rota system agreed with the Legal Aid Agency for providing legal support to persons dispersed to our areas.