Appeals & Challenges
Our expert team of experienced advisers can assist you with the preparation and submission of your immigration appeal before the Immigration and Asylum Tribunal. There are two Tribunals which hear appeals, First Tier Tribunal and the Upper Tribunal. The First Tier Tribunal hears decisions made by the Home Office. The Upper tribunal hears decisions made by the First Tier Tribunal. An Immigration judge, or panel, will decide whether your appeal is successful or not and this will be confirmed in writing.
We can Examine your refusal letter, analyse and review your initial application and supporting documents and submit the appeal to the relevant tribunal. We can prepare Statement of Grounds & Instruct Counsel to appear for your hearing.
From 2 March 2015 there is no longer a right of appeal under the Points-Based System categories, such as Tier 1 (Entrepreneur) Tier 2 General etc. Appeals for Tier 4 students have been stopped in 2014. Appeals are still available for decisions for spouses and partners of the UK citizens and for most EEA law applications, such as for a Residence Card for a spouse of an EEA citizen or for permanent residency. For, British Citizenship applications, There is neither appeal nor administrative review. There is a process of reconsideration and it is up to the UKVI staff discretion. There are no official rules relating to this.
Rights of appeal exist against the following decisions:
- Refusal of a human rights or protection claim and revocation of protection status. These appeal rights are in Part 5 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act).
- Refusal of entry clearance and refusal to vary leave to remain, in some situations, where the application was made before the Immigration Act 2014 was in force.
- Refusal to issue an EEA family permit as well as certain other EEA decisions. These appeal rights are in Regulation 26 of the Immigration (European Economic Area) Regulations 2006.
- Deprivation of citizenship. Section 40A of the British Nationality Act 1981 applies.
Where there is no right of appeal, it may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred.
Appeal vs Administrative review.
An appeal is considered by the court, by an independent judge, ie independent from the Home Office who made a decision to refuse your application. The appeal could take several months to be considered by the court. An administrative review is considered by the Home Office, i.e. by the same organisation who refused your application, but by a different caseworker. The administrative review is normally used as an option to point out any human errors made in making the visa decision. Processing time for a review is also shorter than for an appeal, sometimes even several months, thus giving the migrant less time to choose an alternative way to remain in the UK.
Status while appealing or waiting for a review to be considered
If you submit your application for an appeal, or for an administrative review, on time, i.e. within the deadline given to you in the refusal letter (usually 14 days), then your immigration status remains in the same category as you had before you made the “refused” application. This is assuming you made that application on time or within 28 days after your previous visa expired. The former is under the Section 3C of “The 1971 Act” and the latter is under the Immigration Rules, which allow for 28 days overstaying.
Choosing between an appeal and administrative review
The migrants are not allowed to choose between administrative review & appeal. Some visa categories allow for the right of appeal but most don’t. If there is an appeal right, then an administrative review cannot be requested.
If you need assistance on challenging your refusal by submitting an appeal, please contact our experienced Immigration Lawyers on 0330 058 3929.