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What is an Immigration Appeal? (Immigration Appeals)

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(Immigration Appeals): It is where you can request an Immigration Tribunal to review a Home Office decision you think is wrong or unfair.

If you are not happy with a decision made by the Home Office, you may request an Immigration Tribunal to review the Home Office’s decision.

Our Immigration team can assist you from whichever stage of appeal you are at. Contact our specialist Immigration Solicitors to discuss your matter further.

Immigration Judges at a Tribunal will listen to your side of the story as well as the Home Office’s reason for their decision. The Judges are separate from the Home Office and will make their own decision. If they believe the Home Office’s decision was wrong, your appeal will be successful. This means the Home Office's decision will be changed in your favour.

How do I make an Immigration Appeal Request?

This is by applying for permission to appeal to the First-tier Immigration and Asylum Chamber.

The application requires a specific form to be completed and submitted with grounds of appeal and often supporting evidence.

The grounds of appeal must be submitted with the appeal and they must be coherent and concise as you may not be allowed to amend them or submit further grounds in the future.

Our Immigration team pride itself in ensuring our submissions to the Tribunal are to the highest standard and explicitly tailored to our individual client’s needs. Our work is never generic, and this is what makes us stand out from other firms.

When submitting the request, you will be given two choices concerning how you want your appeal to be considered. You can either choose to have it dealt with on paper or in person at an appeal hearing where you or a representative will represent you in person.

What happens after an application for permission to appeal has been made?

Providing your application to appeal has been successful, the First-tier Immigration and Asylum Chamber (IAC), will issue a date for your appeal to be heard at the IAC, previously known as the Asylum and Immigration Tribunal (AIT).

Where you have chosen for your application to be dealt with on paper, the Tribunal will decide with the evidence they have been provided with. All the necessary evidence must be submitted as you will only be able to submit further evidence in very exceptional circumstances.

I have been given a date to attend an appeal hearing, what should I do now?

You must first decide whether you wish to represent yourself at the hearing or instruct a representative to act on your behalf.

If you decide to represent yourself, you must begin to gather all the relevant evidence required to support your appeal. Your evidence should be presented to the Tribunal in a well-organised bundle, known as an appeal bundle. Several copies must be submitted to the Tribunal before your hearing.

Each individual’s case is unique and will require different evidence. With our expert experience and careful examination of your case, we can identify which evidence will best support your claim. Often evidence must be obtained from third parties and from abroad. However, it can be difficult for individuals themselves to obtain this. We are here to help you every step of the way and advise you on which evidence you require.

Should you wish to represent yourself, we advise you to seek legal advice regarding the evidence you must present to the Tribunal. Failure to provide all the relevant information is more than likely to mean your appeal with being unsuccessful. We can help advise you with the evidence you require and assist you with preparing your bundle for you.

We are aware that the thought of representing yourself and standing up at a Tribunal in front of Judges can be daunting. Rest assured we are a specialised firm of advocates ready to represent your case should you wish to instruct us to do so.

My appeal was refused at the First-tier Tribunal what can I do?

If you think the Tribunal has not applied the law correctly when deciding your appeal, you can appeal to the Upper Tribunal Immigration and Asylum Chamber (UT). You can only appeal if the law related to your matter has not been properly applied. The process of applying to the UT is similar to applying to the First-tier Tribunal for permission to appeal.

However, the points of law you are appealing against must be carefully considered. An application form and grounds of appeal must be submitted. A similar appeal hearing will take place to that mentioned above.

What if my appeal is refused by the Upper Tribunal?

You may then make an application to apply for Judicial Review. The process and law related to Judicial Review are much more complex than appealing to the Immigration Tribunal and you are more than likely to require legal assistance. Our specialist Judicial Review team can help you with this.

Is There a Time Limit to Immigration Appeal?

If you are applying from inside the UK you must file your appeal within 14 days after the date the Refusal Letter was sent to you.

If you are outside the UK you must file your appeal within 28 days after the date you receive the Refusal Letter.

The deadlines above will differ if your matter is a Fast Track case, if this is the case, time is of the essence and you should appeal immediately.

There are very limited circumstances when these timeframes might be extended. Contact us immediately to discuss your appeal today.

Can anyone appeal an Immigration decision? Do I have a right of appeal?

You can only appeal a decision if you have been granted a right of appeal.

If you are unsure whether you have been granted a right of appeal, contact us with your Home Office decision and let us find out for you.

When will I be granted a right of Immigration appeal?

In most cases, you will be granted a right of appeal in matters related to:

I was not granted a right of appeal, what can I do?

You may be able to apply for administrative review. Alternatively, further representations can be submitted to the Home Office and a request for reconsideration can be made. Contact us for further information.

Our Immigration team can assist you from whichever stage of appeal you are at. Contact our specialist Immigration Solicitors to discuss your matter further.

Alternatively, you can send us a message and one of our specialist Immigration solicitors will contact you back.

Written by Harneet Manku, Immigration Solicitor at DV Solicitors.

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DV Solicitors

DV Solicitors is a multi-disciplined law firm delivering expert counsel to all its clients, whether they are businesses, entrepreneurs or individuals. We offer legal and strategic support, as well as personal reassurance and guidance and we strive to find the perfect solution to the challenges you face.
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By: DV Solicitors
Date: October 12, 2022

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