If your application for an immigration visa has been rejected, our team of lawyers can advise on your options. The immigration lawyers at RLegal solicitors have successfully represented clients for over three decades before the:
- First-tier Tribunal (Immigration and Asylum)
- the Upper Tribunal (Immigration and Asylum Chamber) and
- appealed cases by way of Judicial Review to both the High Court and Supreme Court.
For those considering lodging an appeal against the refusal of a negative immigration decision, advice from a lawyer should be sought at the earliest, as strict time limits to lodge the appeal start from the date of refusal.
Restriction on appeal rights
The Immigration Act 2014 severely restricted the right for an individual refused a visa to seek judicial redress through a statutory right of appeal to an independent judge against the Home Office's decision. So it is important to first establish whether an individual can lodge an appeal against the immigration decision taken.
Who has a right of appeal
The statutory rights to appeal an immigration decision are preserved for:
- human rights cases, protection claim and revocation of those with protection status
- EU Family Permits through the EUSS
- those otherwise refused through the EUSS.
Certification of an immigration appeal
The Home Office can restrict the right to an immigration appeal by 'certifying' it as 'unfounded'. Although there is no statutory right to an independent immigration appeal process, it may still be possible to challenge the certification through the legal remedy of Judicial Review, used where there are no statutory appeal rights.
Administrative review
To compensate for the removal of statutory rights of appeal to an immigration judge, the Home Office introduced the legal process of 'Administrative Review' to enable an individual to request the Home Office review its initial immigration decision.
It is important to note the Administrative Review is not conducted by an independent immigration judge, but through a different caseworker who made the initial decision.
It is not possible to introduce fresh evidence as the decision maker is only there to review the initial finding.
The only way to appeal a negative Administrative Review is through Judicial Review but normally all statutory rights of appeal must have been exhausted.
The Administrative Review has to be lodged within 28 days of the decision online with an £80 fee.
Process through a statutory right of appeal
The appeal will normally have to be submitted online.
The time limits to appeal are:
- 14 days for those refused within the UK
- 28 days for those refused who are outside the UK.
The fees are:
- £80 to have the case decided with just paper evidence or
- £140 for in person.
It is therefore very important to lodge the appeal within the correct time frame and with the appropriate documentation.
The First Tier Tribunal will then take over the timetable for the case to be heard and will issue directions to ensure both parties are prepared for the hearing.
The hearing itself will be heard before an independent immigration judge with examination and cross examination of witnesses and summing up of the case.
Preserving immigration rights through appeals
An individual who makes an immigration application prior to the expiry of their visa, and the Administrative Review application within the legal time limits, may preserve their immigration status whilst the Review is pending, however they cannot vary their leave into another immigration category.
Preserving an immigration status is important as it can, where relevant enable an individual to continue working whilst the immigration appeal is pending to be heard by the First Tier Tribunal.
It is also important to consider pursuing an Administrative Review application where available, a failure to do so may have negative consequences if an individual then decides to seek Judicial Review of the initial decision later.
How RLegal can assist with an appeal
It is important to have your case fully assessed and appeal the immigration decision within the prescribed time limits and with the relevant information where available.
As a full service immigration law firm, RLegal can assist with the preparation of a statutory appeal, Administrative Review or a Judicial Review application and the presentation of the case before the First Tier Tribunal, the Upper Tribunal or the High Court or Supreme Court where necessary.
We have over 20 years experience of filing successful UK immigration appeals before the First Tier Tribunal and higher courts against visa refusals. We will give you a full legal assessment of your case and advise during a difficult and distressing process.
In some cases it may be better to submit a fresh application as opposed to appealing the decision, but this will depend on the circumstances.
For more information on appealing an immigration decision, please contact us.
