Immigration Appeal

If your application has been refused by the Home Office in the UK or by the Entry Clearance Officer, then depending in on the category of your application, you may have a right to appeal to challenge the refusal notice in the Immigration Tribunal where the Immigration Judge will consider your appeal. Your refusal notice from the Home Office in relation to an immigration application will inform you about your right of appeal or Administrative Review (AR).

The same general principles apply to applications submitted in the UK and overseas. Where neither a right of appeal nor an AR exists, the only formal remedy will be to apply for a judicial review (JR) of the decision.

We understand that immigration appeals can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements and advice you on your chances of success before you appeal. You will need to complete the relevant forms, submit grounds of appeal, appellant’s skeleton argument and collate your evidence for submission.

What are the Appeal deadlines:

The deadlines for lodging an appeal to the First-tier Tribunal are as follows:

• For in-country appeals (appeal against applications made from within the UK), 14 calendar days from the date that you are sent the notice of decision, and
• For appeals from overseas, 28 calendar days from the date that you receive the decision (unless the person was in the UK on the date of decision and cannot appeal from the UK due to a restriction in the Nationality, Immigration and Asylum Act 2002, in which case it will be 28 calendar days from one’s date of departure)

How much is the tribunal/court fees for an immigration appeal:

In most cases, a fee must be paid in order to lodge a valid appeal in the First-tier Tribunal. The fees are:

• For an appeal to be determined at an oral hearing: £140
• For an appeal to be determined on the papers: £80

What kind of visa or immigration decision by the Home Office can be appealed:

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

Immigration status during appeals:

Under section 3C of the Immigration Act 1971, leave is extended where you had leave (visa) when you made an application or claim and that leave expired prior to the Secretary of State making a decision on the application or claim. Leave is extended until any appeal against refusal is finally determined.

What if your appeal is dismissed by the First-tier Tribunal (Immigration and Asylum Chamber):

If an appeal is not allowed, it is possible to appeal to the Upper Tribunal on a point of law.

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Upper Tribunal.

Why Choose Aaryan Solicitors?