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Tribunal Appeals

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Tribunal Appeals

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.

Eligible Decisions for Appeal
The following Immigration decisions normally carry a right of appeal.
  • Refusal of a Protection claim like asylum or humanitarian protection
  • Revocation of protection status
  • Refusal of human rights claim
  • Revocation of Status or Deportation of EU Nationals or their family under the EEA Regulations 2016
  • Revocation of British Citizenship
  • Deportation, Refusal, Status Change or Revocation of leave or conditions under the EU Settlement Scheme
  • Refusal or Revocation of Family Permit or Travel permit under the EU Settlement scheme
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.
How can we assist?
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.
Frequently Asked Questions
An appeal is considered by the court, by an independent judge, i.e. 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 the 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, normally around a month thus giving the applicant less time to choose an alternative way to remain in the UK.
If the applicant submitted an in-time application before the expiry of their previous visa and made an appeal before the (14 days); then under Section 3C of The Immigration Act 1971; the immigration status will continue to remain the same as of the previous visa category and the applicant can continue to enjoy the same benefits whilst appeal is under consideration.
There is normally no administrative review rights when there is a right of appeal and the applicant should pursue the appeal. However in some cases like the EU Settlement scheme, the applicant may submit for an administrative review and the appeal at the same time.
The Upper Tribunal normally hears about the appeal decisions made by the First-Tier Tribunal. Either the Home Office or the applicant can approach the Upper Tribunal if they believe there has been an error of law.
If your appeal succeeds before a First-tier Immigration Tribunal, the applicant may be awarded the costs they have paid at the time of lodging the appeal.
Article 3 (Health Grounds) and Deportation;

The case is important for foreign citizens residing in the UK who committed serious crimes as it determines whether Human Rights considerations, particularly Article 3 apply in deportation cases.

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