Appeals and Judicial Reviews
Dealing with a refusal of your Immigration decision can be extremely worrying and stressful. It is crucial to understand the UK Immigration Appeals procedure and the judicial review process in order to successfully challenge the Home Office decision. We always recommend to our existing and future clients to seek the help of a legal expert to navigate the system.
Continue reading for more information about this topic:
Appeals Procedure
You can only appeal to the Tribunal if you have the legal right to appeal. This is mentioned in your decision letter. We review your refusal thoroughly and advise you of your options accordingly.
Generally speaking, you will have the right to appeal, if the Home Office has refused you application based on:
First-Tier Tribunal
If you are appealing from within the UK to the Immigration and Asylum Chamber, you must give Notice of Appeal to the Tribunal within 14 days of the date mentioned on your decision letter.
If you are appealing from outside the UK, you will have 28 days to give a Notice of Appeal after the date on your decision letter.
If, however, you have to leave the country before you are allowed to appeal, you will have 28 days to appeal once you have left the country.
The Appellant’s Appeal (i.e., your appeal) will first be heard at the First-Tier Tribunal. The judge does not usually give a decision on the day of the hearing. You will usually be informed of the decision in writing after three to four weeks.
If you receive a positive decision from the First-Tier Tribunal, the Home Office may either reverse their original decision or appeal the decision given by the Judge.
If, however, you receive a negative decision, you may be able to appeal to the Upper Tribunal, subject to the merits of your case.
Upper Tribunal
If your appeal is refused at the First-Tier Tribunal, you can apply for permission to appeal at the Upper Tribunal if you believe that the First-Tier Tribunal judge made an error in their determination.
You are required to apply to the First-Tier Tribunal to seek permission to appeal to the Upper Tribunal as this is not an automatic right. Your application for permission must be submitted within 14 days of the date of dismissal of your appeal from the First-Tier Tribunal if you are in the UK. If you are outside of the UK, the time limit is 28 days.
In the unfortunate event that the First-Tier tribunal refuses your permission to appeal to the Upper Tribunal, you may have the option to apply directly to the Upper Tribunal for permission to appeal.
Once permission to appeal has been granted, the Upper Tribunal will hear the case and assess whether the First-Tier Tribunal made an error of law.
The judge will decide whether any findings of fact made by the First-Tier Tribunal are to be preserved. At this stage the judge may uphold the First-Tier Tribunal decision, or the judge may decide to send the case back to the First-Tier Tribunal to re-decide the case.
If your case was heard at the Upper Tribunal but the judge decided that the First-Tier Tribunal did not make an error of law, you may have the option of appealing to the Court of Appeal. You will need to apply for permission to do this.
If, however, you do not have the right of appeal, you may be able to apply for administrative review or apply for permission for a judicial review of the decision.
Judicial Review
A judicial review is not the same as an appeal; an appeal looks substantively at the issues of your case. A judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision or action taken by the Home Office.
A judicial review can challenge the way a decision has been made – if you believe it was illegal, irrational, or unfair.
An application for judicial review should be made no later than 3 months after the decision that you are trying to challenge was made.
Examples of when you may consider applying for judicial review:
In a judicial review, the judge will not substitute the correct decision.
If your application is successful, your case will be sent to the Home Office for them to make a decision. The Home Office may make the same decision, providing that they have followed the proper process, such as considering all the documents provided by you.
Note: Challenging a refusal is a complex and time-consuming procedure.
We at BIAAP have a strong track record of successfully representing our clients in the Immigration Tribunals and the High Courts.
This website is for informational purposes only and does not contain legal advice. As the law is subject to changes and updates, please do not act and/or refrain from acting based on anything you read on this site. Always seek legal assistance when required from a accredited and practicing professional i.e. solicitors. BIAAP (Brightway Immigration and Asylum Practitioners) is subject to and upholds the laws of the United Kingdom and adheres to the code of conduct required by our profession.