Having an immigration application refused can be disappointing, frustrating and stressful. We realise that it can tear families apart. The thought of challenging the decision can be daunting and the process can be confusing. Obtaining legal advice from a specialist immigration solicitor will help you decide how best to proceed. We will provide you with pragmatic and practical advice on the appeals process.
Immigration Tribunal Appeals
We will be able to advise whether or not you are able to challenge the decision in an Immigration Tribunal and what your prospects of success are likely to be.
In certain situations Immigration appeals may not always be the most effective way to proceed. You may be more likely to succeed by submitting representations or a new application. We will always consider what is right for you and your individual circumstances and provide a realistic assessment of the merits of your case.
If your appeal is successful, the Home Office can appeal against the decision of the Tribunal. If they do not appeal, then they should issue you with leave to enter or remain in the UK.
If your appeal is unsuccessful, you might be able to appeal against the decision of the Tribunal. You will have to argue that the decision of the previous Tribunal was wrong because of a material error of law.
There are a number of deadlines and procedural requirements which must be complied with when making any appeal in the Tribunal.
It is no longer possible to challenge all decisions by the Home Office in the Immigration Tribunal and the only option may be to ask the Home Office to reconsider the decision. This is a process known as Administrative Review. If the Home Office finds that an error was made in the previous decision, Administrative Review allows for that error to be corrected.
If you are not given a right of appeal in the UK and or your Administrative Review application is refused and you think that the decision is unlawful, you may be able to apply to the Upper Tribunal for Judicial Review. This is a time-consuming, complex and costly process. You should immediately seek specialist immigration advice if you are considering making an application for Judicial Review.
How we can help?
The requirements for appealing in the UK are highly prescriptive and the Home Office routinely refuse applications. Our highly experienced team of immigration lawyers will assist in preparing and submitting your application to achieve the best possible outcome.