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The option for denied entry, permission to stay, deportation or some other types of UK immigration refusals is to file for an immigration and human rights appeal with the tribunal. The Government has now limited the types of refused visa applications which can be challenged at an appeal in the UK. Most applications which are now refused, such as applications under the points-based system, have to be challenged by way of Administrative Review.
There is currently only the right of appeal within the UK if the Home Office refuse an application based on:
Not all applications based on human rights or protection grounds have a right of appeal.
For example, you do not have the right of appeal in the UK if your asylum or human rights claim is refused by the Home Office because they think it is “clearly unfounded”.
If your application is refused, your options may be to either appeal that decision or make another application with further supporting evidence.
The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused. Your appeal rights may therefore be limited and it is advised that applicants seek specialist UK immigration advice from a qualified UK immigration solicitor.
If the Home Office makes a decision that an applicant believes to be wrong, it may be possible to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against the decision. If the Tribunal agrees to hear the appeal, further evidence can be submitted, and an independent immigration judge will decide whether the Home Office’s decision was correct or not.
If the judge concludes that the Home Office decision was wrong, the appeal will be allowed, and the Home Office will usually revise their decision to comply with the Tribunal’s determination. If the judge concludes that the Home Office decision was correct, the appeal will be dismissed, and the Home Office decision will usually remain unchanged.
If the Appellant or the Home Office lose the appeal, it may be possible to appeal to the Upper Tribunal (Immigration and Asylum Chamber) against the determination. However, only where it is arguable that the First-tier Tribunal’s determination was unlawful.
Some Home Office decisions come with an in-country right of appeal, which means that the Appellant can remain in the UK during the appeal process. However, some decisions only come with an out-of-country right of appeal, which means the appellant must bring their appeal from abroad.
If the Appellant has been given an in-country right of appeal, they will usually need to lodge their appeal with the First-tier Tribunal within 14 days of the Home Office decision.
If the Appellant has been given an out-of-country right of appeal, they will need to lodge their appeal with the First-tier Tribunal within 28 days of the Home Office decision. If the Appellant has to leave the UK before being able to lodge their appeal, they will have 28 days from the date they leave the country.
Whilst it is possible to lodge an appeal outside of the above time limits, generally speaking, the Tribunal will only agree to hear an out-of-time appeal in exceptional circumstances.
Once an appeal has been lodged, and any required fee paid, both the Appellant and the Home Office will usually submit further evidence in support of their position.
Whilst every case is different, the Appellant will usually prepare an appeal statement responding to the Home Office’s reasons for coming to their decision. Before the Tribunal consider the appeal, the Appellant will normally submit a skeleton argument, setting out the key elements of their case.
If the Appellant requests that their appeal be determined on the papers only, the Immigration Judge will only consider the paper evidence put before them by the Appellant and the Home Office and then decide whether to allow or dismissed the appeal.
If the Appellant requests that their appeal be determined following an oral hearing, the Appellant and any witnesses will need to attend a Tribunal hearing before an immigration judge. Whilst an Appellant is able to represent themselves at their appeal, a solicitor or barrister, who will present their case for them, will often represent them.
The Home Office will have their case presented by their own representative, who will usually want to question the Appellant and their witnesses.
In most cases, the judge will not give their decision on the day of the hearing but will go away and consider the case, and then write down their decision in a document called a “determination”. Whilst most determinations will be provided within 4 to 6 weeks following the hearing, sometimes they can take longer.
If the appeal is allowed, the Home Office will usually revise their decision to comply with the Tribunal’s determination. However, the Home Office may also seek to appeal to the Upper Tribunal (Immigration and Asylum Chamber) against the determination.
If the appeal is dismissed, the Home Office will usually maintain their decision.
However, it may be possible for the Appellant to appeal to the Upper Tribunal (Immigration and Asylum Chamber) against the determination.
The decision to refuse your application may provide you with a right of appeal to the First Tier Tribunal. You will initially need to submit your notice of appeal with full grounds and specified fee within the prescribe period usually 14 days for In Country Appeal from the date of decision or 28 days for Out of Country Appeal from the date of decision.
Once an appeal has been lodged, and any required fee paid, both the Appellant and the Home Office will usually submit further evidence in support of their position.
Whilst every case is different, the Appellant will usually prepare an appeal statement responding to the Home Office’s reasons for coming to their decision
If your application before the First Tier Tribunal is refused it may be possible to appeal against this decision to the Upper Tribunal but only on the basis that there has been an error of law.
The rules in relation to appeals can be complex and it vital to ensure that you urgently obtain legal advice if you receive a refusal in order to protect your appeal rights.
Generally, the procedure for submitting an appeal includes the following:
The team at Adam Bernard Solicitors have harnessed a formidable reputation in safeguarding the rights of our clients. Our team of immigration solicitors, paralegals and network of barristers will ensure that you receive expert advice and representation throughout this process, to ensure that you have the best chance of attaining the outcome you desire.
Challenging an authority can be a daunting prospect and demands a first-class service. At Adam Bernard Solicitors we have successfully represented clients in the First Tier and Upper Tribunal’s. We also have a wealth of experience when submitting Judicial Reviews for decisions reached that do not grant an automatic right of appeal. The successes of our department evidence our perseverance in this area. If you are not happy, neither are we, and we will ensure that we combine dedication with experience to give you the best prospect of success.
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