The Immigration appeal system in the UK provides migrants full access to justice in order to challenge the Immigation decisions made by the Home Office in certain eligible categories.There are two Tribunals which hear the 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 the appeal is successful or not and the decision will be confirmed in writing.
The UK Government has severely curtailed appeal rights for migrants applying for entry clearance or leave to remain mainly those applying under Points Based System (PBS) and replaced it with the Administrative Review. The appeal rights under PBS have been removed, except in situations where it breaches the applicant’s human rights.
The following Immigration decisions normally carry a right of appeal.
The Home Office will inform the applicant of the appeal rights when making an Immigration decision. The applicant must lodge the appeal to the First-tier Tribunal (Immigration and Asylum) within 14 calendar days of the date notice was sent if they are in the UK and 28 calendar days if they have been refused an entry clearance outside the UK. The appeals can be decided either on papers or by holding an oral hearing; the latter is preferred as that provides the appellant an opportunity to present their case in front of the judge.
Our Immigration lawyers at City Legal have immense experience in assisting skilled workers and their employers across a wide range of industry and sectors in the UK. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.