Appeals and Judicial Reviews – Visa and Immigration Help Centre

Dealing with a refusal of your Immigration decision can be extremely worrying and stressful. It is crucial to understand the UK Immigration Appeals procedure and the judicial review process in order to successfully challenge the Home Office decision

Types of Appeal

Oral Hearing
Paper hearing

Appeals Procedure

You can only appeal to the Tribunal if you have the legal right to appeal. You will be usually notified of your right to appeal in your decision letter. We will be able to review your refusal letter thoroughly, and advise you of your options accordingly.

You will generally have the right to appeal if the Home Office has refused you application based on:

Asylum or humanitarian protection
Human Rights claim
or if your refugee or humanitarian protection status is revoked
in Rest all cases refusal right of Admin Review and judicial Review can be exercised

First -Tier Tribunal

If you are appealing outside of the UK, you will have 28 days to submit an appeal after you get your decision.If you are appealing within the UK to the Immigration and Asylum Chamber, you must give notice of appeal to the Tribunal no later than 14 calendar days after the date the notice of decision has been sent. If, however, you have to leave the country before you are allowed to appeal, you will have 28 days to appeal once you have left the country.

The Appellant’s appeal will first be heard at the First-tier Tribunal. The judge does not usually give a decision on the day of the hearing. You will usually be informed of the decision in writing after three or four weeks.

If you receive a positive decision from the Tribunal, the Home Office may either reverse their original decision or appeal the decision given by the Judge. If, however, you receive a negative decision, you may be able to appeal to the Upper Tribunal, subject to the merits.

Upper Tribunal

If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the Upper Tribunal if you believe that the First-tier Tribunal judge made an error in their determination.

You are required to submit an application to the First-tier Tribunal to seek permission to appeal to the Upper Tribunal as this is not an automatic right. Your application for permission must be submitted within 14 days of the date of dismissal of your appeal from the First-tier Tribunal, if you are in the UK. If you are outside of the UK, the time limit is 28 days.

In the unfortunate event that the First-tier tribunal refuses your permission to appeal to the Upper Tribunal, you may have the option to apply directly to the Upper Tribunal for permission to appeal.

Once permission to appeal has been granted, the Upper Tribunal will hear the case and assess whether the First-tier Tribunal made an error of law.

The judge will decide whether any findings of fact made by the First-tier Tribunal are to be preserved. At this stage the judge may uphold the First-tier Tribunal decision, or the judge may decide to send the case back to the First-tier Tribunal to re-decide the case. The judge may also give the First-tier Tribunal directions to make sure the error of law is not repeated.

If your case was heard at the Upper Tribunal but the judge decided that the First-tier Tribunal did not make an error of law, you may have the option of appealing to the Court of Appeal. You will need to apply for permission to do this.

If, however, you do not have the right of appeal, you may be able to apply for administrative review or apply for permission for a judicial review of the decision.

what are the benefits of buying Visa and Immigration Help Centre’ Appeal Package?

If you have received a refusal letter from the Home Office, you can still try to save your case and submit an appeal.

Our team of Specialist UK Immigration Solicitors provide professional legal advice and representation in the courts in relation to every aspect of pursuing a UK immigration appeal, including:

Advice as to the merits of appealing against Home Office immigration decisions.

Investigate and review the reasons for your UK Visa refusal and your options to proceed with an appeal

Drafting grounds of appeal to the First-tier Immigration Tribunal.

Collate, complete and submit your appeal application form

Preparation of appeal bundles for Immigration Appeal hearings.
Expert Representation at Case Management Review Hearings.
Representation at Immigration Appeal hearings before the First-tier Tribunal.
Advice as to the merits of appealing against a decision of the Immigration Tribunal dismissing an Immigration Appeal.
Drafting applications for Permission to Appeal to the Upper Tribunal.
Representation at Immigration Appeal hearings before the Upper Tribunal.
Advice as to the merits of appealing against a decision of the Upper Tribunal, drafting applications for permission to appeal and representation in Immigration Appeals before the higher courts.