Immigration Appeals and Judicial Review

Although consecutive British governments have sought to severely limit the right to judicial redress, most categories of immigration refusal still attract a right of appeal.

As a full service law firm, RLegal can assist with the preparation of your appeal and presentation of the case at an appeal hearing from the First Tier Tribunal, Immigration and Asylum Chamber all the way to the Supreme Court.

Out of country refusals

Where an application for entry clearance (a UK visa) is refused, this may attract a right of appeal. Such an appeal must be submitted within 28 days of the date of decision.

The Entry Clearance Officer will then review the initial decision and in light of the grounds of appeal and any fresh evidence. In limited circumstances, the decision can be overturned at this point. Otherwise, the case will proceed to a hearing before the First Tier Tribunal, Immigration and Asylum Chamber.

The process of appealing a decision taken outside the UK can take between 6-12 months.

In-country refusals

Where an application lodged within the UK is refused, depending upon the circumstances, the applicant may have a right of appeal. Such an appeal must be submitted within 10 working days of receipt (or deemed receipt) of the decision.

The process of appealing a decision taken within the UK can take between 2-4 months.

An individual can remain in the UK lawfully whilst their appeal is under consideration but, if they travel outside the UK, they will be deemed to have withdrawn their appeal.

Judicial Review

Judicial review is the means by which an individual can seek redress against public bodies, e.g. the Home Office or a Tribunal where there are no appeal rights or any such right has been exhausted. Typical scenarios might include an application for judicial review of the Home Office's refusal of naturalisation as a British citizen, or to request an order to compel the Home Office to make a decision on an application that has been outstanding for a number of years.

Immigration lawyers, RLegal is a specialist firm of United Kingdom immigration and nationality solicitors providing specialist services in the area of UK nationality and immigration law.

We are acknowledged experts in our field, providing a comprehensive service for those who seek advice and representation in all areas of United Kingdom nationality and immigration law.  If you have received a negative decision or would like to discuss how we can help you, please contact us on +44 (0)20 7038 3980 or e-mail us at info@rlegal.com.