If your application is refused, your options may be to either appeal that decision or make another application with further supporting evidence.

 

The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused. Your appeal rights may therefore be limited, and it is advised that applicants seek specialist UK immigration advice from a qualified UK immigration solicitor.

 

Depending on the type of application that you have submitted, you will normally have one of the following options to challenge this decision:

 

Administrative Reviews

 

You can request that the decision be reconsidered known as an ‘administrative review’. There is normally a deadline of 14 days to submit a review from the date you received the refusal. There is a fee to be paid and it’s important to explain with full reasons why you believe the decision is wrong.

 

Usually, you would not be permitted to submit any new information with an administrative review which was not part of your original submission.

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Appeals

(First Tier & Upper Tribunal)

 

The decision to refuse your application may provide you with a right of appeal to the First Tier Tribunal. You will initially need to submit your notice of appeal with full grounds and specified fee.

 

After submission of your appeal you will be notified by the Tribunal of your hearing date. It is vital that your matter is properly prepared, with witness statements and relevant supporting documents that you wish to rely upon in Court. You may be expected to provide oral evidence in court and will be cross examined on the day by a representative of the Home Office.

 

If your application before the First Tier Tribunal is refused it may be possible to appeal against this decision to the Upper Tribunal but only on the basis that there has been an error of law.

 

The rules in relation to appeals can be complex and it’s vital to ensure that you obtain professional advice urgently if you receive a refusal in order to protect your appeal rights.

 

Out of Country Right of Appeal/No Rights to Appeal

 

If your application is refused without a right of appeal or one that can only be exercised once you have left the UK, it may be possible to challenge this by way of judicial review.

 

Our team will assist and advise on every decision to refuse an application that is made by the Home Office or decisions to refuse entry made by British overseas missions.

 

Our qualified team will assist with all appeal matters, from entry clearance refusals, extension refusals and administrative review.

 

Judicial Reviews

 

If the UK Border Agency or other government departments have actied outside of its powers in an unfair or disproportionate way, our team can prepare an Initial Pre-Action Protocol on your behalf and if necessary, commence a full judicial review proceeding.

 

There are strict deadlines with Judicial Review applications – you only have three months from the date of the decision within which to lodge a Judicial Review with the court.

 

Deportation

 

The Secretary of State often makes decisions to try and deport people from the UK if they have committed serious criminal offences and they therefore believe it would be in the public interest to deport those individuals from the UK. If you are issued with a Notice of Intended Deportation, your family can also be made to leave the UK. 

If you are facing deportation, our team can assist you whether you are in an immigration removal centre or detained in one of Her Majesty’s Prison.

 

If the Secretary of State has made the decision that you or a member of your family should be deported, you will be given a right to appeal against the decision to the Immigration and Asylum Chamber. If you are in detention, you will only have 5 days to lodge an appeal, so it is important to take immediate action. 

 

With your authority we can take instructions from friends or family and can assist you in making the initial representations following your liability to deport straight through to a full deportation appeal.

 

Call us on 03333055135 to book an appointment where you can discuss the details of your case, options available to you and how our legal team can assist.