Appeals

Our primary objective is to optimize the probability of your appeal’s success with our premium service. Through our all-inclusive assistance, you will gain access to a wide range of resources and expert guidance, ultimately maximizing your potential for achieving a favorable outcome.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

  • refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
  • revoke your protection status
  • refuse your human rights claim
  • refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
  • revoke your British citizenship
  • refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
  • refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
  • refuse or revoke your permit, or deport you if you’re a frontier worker
  • refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor

If your application for entry clearance is rejected, you will have a period of 28 days to dispute the decision upon receiving it. However, your ability to challenge the refusal depends primarily on having been granted the right to do so. The decision letter you receive will stipulate whether you possess the legal grounds to proceed with an appeal.

As soon as you receive the letter of refusal, it is crucial that you promptly seek counsel for guidance.

After carefully examining your case, we are fully equipped to provide our expert legal assessment to ascertain whether your best course of action lies in solely pursuing an appeal or if it is equally feasible to explore a different approach by submitting a new application.

The appeal must be lodged before the 28 day period expires.

In the event that you submitted an application while being in the UK and subsequently received a rejection letter from within the country, you typically have a period of 14 days from the date the decision was sent to you to initiate an appeal. If you are unable to meet the deadline for submitting the appeal, you must present valid reasons for why the appeal application was submitted late.

The government has no control over the tribunal, which operates autonomously. Prior to rendering a verdict, a judge thoroughly examines and considers the perspectives from both parties involved in the dispute.

For more information on our Appeals Service, please get in contact where we would love to discuss this further with you.

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Fees:

It costs you:

  • £80.00 without a hearing i.e. paper hearing (decision is based on documentation evidence)
  • £140.00 with a hearing

You’ll get a letter or email with details of how to attend your hearing. You may be asked to attend in person at a tribunal building or asked to attend remotely by a video link or by phone.

If you’ll be attending remotely, the letter or email will tell you how to prepare for this.

You can check the daily courts lists on the day of your hearing to find out if anything has changed.

If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

You may have to give evidence at the hearing and answer questions.

The tribunal will either decide to:

  • allow your appeal – this does not automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
  • dismiss your appeal and uphold the Home Office’s original decision

You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.

Both you and the Home Office can appeal the decision of the tribunal.

The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.

The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

If you lose your appeal

You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.

For example, you think the tribunal:

  • got the law wrong.
  • do not apply the correct law.
  • do not follow the correct procedures, which affected the decision.
  • had no evidence to support its decision.

Please contact us for advice on your options.

Appeals

Our distinctive service presents an opportunity to enhance the likelihood of a successful appeal. We provide an all-encompassing array of services that equips you with the necessary tools and unwavering support to maximize your chances of attaining success.

Judicial Reviews

Judicial Reviews present an effective mechanism for evaluating, categorizing, and monitoring rulings made by trial courts.

Administrative Reviews

The utilization of Judicial Reviews presents a streamlined mechanism for the scrutiny, categorization, and monitoring of decisions made by trial courts.

Get in Touch

With years of experience working in UK immigration and Litigation law, our advisors can help you understand the process and take the right steps toward obtaining your goals. Get in touch today.