If your application for a visa has been rejected, our team of lawyers can assist with lodging an immigration appeal against the decision. The immigration lawyers at RLegal solicitors have successfully represented clients in relation to immigration appeals 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 immigration appeal against the refusal of an immigration visa, advice from a lawyers 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 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' (AR).
Please our page on AR as we focus on the statutory right to an immigration appeal here.
Process through a statutory right of appeal
The immigration appeal will normally 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 or written evidence or
- £140 for an in person before an immigration judge.
It is therefore very important to lodge the immigration 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 and the immigration appeal process is subject to rules of procedure which must be adhered to otherwise consequences for non-compliance will fall in either party.
The hearing itself will be heard before an independent immigration appeal 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 immigration appeal is pending, however they cannot vary their leave into another immigration category.
Preserving an immigration status through an appeal 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 AR 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.
Judicial Review
Judicial Review is a legal process whereby an individual who has received a negative decision by a public body can institute legal proceedings to have the matter reviewed by the High Court or Court of Appeal and possibly the Supreme Court.
In immigration cases Judicial Reviews are usually initiated against a Home Office decision such as: where there the only appeal right was Administrative Review and this has been exhausted or a person is served with a negative decision having been whilst in decision, where an immigration decision is certified by the Home Office has ‘unfounded’ or against a negative decision made by the First-tier tribunal in relation to an immigration case.
However, the grounds to seek Judicial Review are limited to the following:
· illegality – the decision taken was outside the application law
· irrationality – the decision was not reasonable
· failure to follow procedure
· breach of legitimate expectation – where one has been created
· breach of human rights.
In immigration matters Judicial Review applications are normally made to the Upper Tribunal (Immigration & Asylum Chamber) for permission to take the matter to the Court of Appeal.
An application for Judicial Review should only be contemplated where the merits are good as it is difficult to succeed with such an application, is time consuming, legally challenging and can be expensive as costs can be awarded against the losing party. Lodging an application for Judicial Review are subject to rules and must be followed.
The time limit to lodge an application for Judicial Review is 3 months from the date of decision and it is important to file by this timeline.
Prior to filing an application for Judicial Review a prospective litigant must serve what is known as a ‘Letter Before Action’ on the decision maker outlining their basis of challenging the decision with supporting documentation in a succinct way. In the event a decision-making body maintains its position usually the Home Office or the Upper Tribunal in immigration cases, the litigant should proceed to file the action for Judicial Review but within the 3-month time limit.
RLegal have represented clients in applications for Judicial Review applications for more than two decades. In our experience filing an action for Judicial Review should only taken where there are good reasons to do so and there is a chance of a positive outcome.
How RLegal can assist with an immigration 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.
RLegal can assist with the preparation of an immigration appeal, AR or JR 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 provide 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.
Please note this firm does not undertake asylum appeals or Legal Aid work.
For more information on appealing an immigration decision, please contact us.
