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If your UK visa or immigration application has been refused, our immigration appeal lawyers can provide expert advice on the viability of appealing at the First-tier Tribunal (Immigration and Asylum Chamber). We will assist you in preparing your immigration appeal and represent you at the appeal hearing, ensuring that your case is presented effectively.
Should you wish to challenge the legality of a decision or action taken by the Home Office or the Immigration Tribunal, and if you have exhausted all other available remedies, our immigration judicial review lawyers are here to help. We can advise you on the prospects of success in applying for an immigration judicial review and will represent you throughout the judicial review proceedings.
When a visa or immigration application is refused, the first stage in the appeals process is to challenge the decision at the First-tier Tribunal. This is the initial venue where you present your case. It is best to instruct Immigration lawyers immedietly.
After receiving the refusal letter from the Home Office, you have 14 days to file an appeal if you’re in the UK, or 28 days if you’re outside the UK. Appeals are submitted electronically through the MyHMCTS (Her Majesty's Courts and Tribunals Service) online portal. You’ll need to complete the relevant forms and upload supporting documents directly onto the portal.
Once the appeal is lodged, the Tribunal will direct the Home Office to provide relevant evidence in support of their decision to refuse. The Tribunal will then give approximately one month for the Appellant to prepare their case. This will include significant work and preparation by the in the isntructed lawyers and relevant experts. Your case will be prepared thoroughly by gathering evidence, preparing witness statements, and potentially expert reports.
The case will be listed for a hearing in front of an Immigration Judge. At the hearing, you case will be presented by an experience barrister who will demonstrate why the Home Office’s decision was incorrect based on legal arguments and the facts of your case. The Home Office will also have the opportunity to present its arguments.
After the hearing, the Judge will issue a decision. This could involve allowing the appeal, dismissing it, or making other orders as appropriate. If the appeal is allowed, the Home Office may be instructed to reconsider its decision in light of the Tribunal’s findings.
WHAT HAPPENS IF MY APPEAL IS DISMISSED AND THE HOME OFFICE DECISION IS MAINTAINED?
If your appeal is dismissed at the First-tier Tribunal, you may be able to appeal again at the Upper Tribunal of the Immigration and Asylum Chamber.
The Upper Tribunal handles appeals that challenge decisions made by the First-tier Tribunal, focusing on whether there were legal errors rather than re-evaluating the factual evidence. Its role is to ensure that the correct legal principles were applied in the initial decision. This is known as an error of law hearing.
Before a case can be heard by the Upper Tribunal, you must apply for permission to appeal. This involves submitting an application that demonstrates a legal error in the First-tier Tribunal's decision or shows that the decision was unreasonable. This application must be lodged within 14 days of the First-tier Tribunal’s decision.
A judge reviews the application for permission on paper to determine if it has sufficient merit to proceed. If permission is granted, the case will move to the next stage. If permission is denied, further challenge may not be possible unless you can appeal the refusal of permission.
If permission is granted, preparation for the Upper Tribunal hearing involves:
During the hearing, we will present your case to a judge. We will make oral submissions - present arguments that show how the First-tier Tribunal erred in law. This will involve detailed legal analysis and referencing case law. The Home Office will also have the opportunity to present their arguments.
After the hearing, the judge will make a decision. The possible outcomes include:
If the Appeal is Successful, the Upper Tribunal’s decision may lead to a reconsideration of the case by the First-tier Tribunal or a new decision from the Home Office.
If the Appeal is Unsuccessful, you may have grounds to appeal the Upper Tribunal’s decision to the Court of Appeal, but this requires demonstrating that the Upper Tribunal’s decision involved significant legal errors. 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.
Immigration judicial review is a court process where a judge examines whether the Home Office or Immigration Tribunal followed the correct legal procedures when making a decision, rather than assessing whether the decision itself was right or wrong. Essentially, it’s about scrutinising the process used to reach the decision, not the decision's outcome.
This option is typically a last resort, meaning you should have exhausted all other avenues for complaint or appeal before considering judicial review.
Before initiating a judicial review, a pre-action protocol letter is sent to the Home Office. This letter outlines why the Home Office’s decision was irrational, unfair, or illegal, and specifies the remedy you are seeking. Typically, a deadline of 14 days is set for the Home Office to respond. This step aims to give the Home Office a chance to reconsider or correct its decision without going to court.
If the Home Office's response is inadequate or if no response is received, the next step is to apply for permission to seek judicial review. A Judicial Review application must be made within three months of the Home Office’s decision. If challenging an Upper Tribunal decision that refused permission to appeal a First-tier Tribunal decision, a shorter timeframe of 16 days is only available.
A judge will initially review the application on paper to determine if it has sufficient merit to proceed. If permission is granted, the Home Office will be notified and may choose to review their original decision. If permission is denied and the judge deems the application to be without merit, you cannot pursue the judicial review. However, if permission is refused but the judge considers the case not entirely without merit, you can request an oral hearing for a reconsideration of whether permission should be granted.
If there is a fear of imminent removal while awaiting the judicial review decision, we can apply for interim relief. This temporary measure can prevent the Home Office from enforcing its decision until the court has made its final ruling.
If permission is granted, a full judicial review hearing will be scheduled. During this hearing, we will present our arguments to demonstrate that the original Home Office decision was unfair, irrational, or unlawful. The court will assess the legality of the decision-making process and the Home Office’s actions.
After the hearing, the judge will issue a ruling. If successful, the judge may issue one of the following orders:
An appeal challenges the decision on its merits, arguing that the decision was incorrect based on the facts or law. Judicial review, however, challenges the process by which the decision was made, focusing on whether the decision-maker followed the correct legal procedures.
You can appeal if your visa or immigration application was refused and you have grounds to argue that the decision was wrong based on the facts or law. The decision notice usually outlines if and how you can appeal.
For appeals, you have 14 days to appeal if you’re in the UK, or 28 days if outside the UK. For judicial review, you must apply within three months of the decision, though urgent cases may require quicker action.
Grounds include illegality (the decision-maker acted beyond their powers), irrationality (the decision was unreasonable), procedural unfairness (failure to follow fair procedures), and failure to follow policy.
You need to submit an application for permission, outlining the legal errors in the First-tier Tribunal’s decision. This must be done within 14 days of the decision.
Before applying for judicial review, you must send a pre-action letter to the Home Office detailing the grounds for your claim and what remedy you seek. This gives the Home Office a chance to reconsider the decision.
The court may uphold the original decision, overturn it, or send the case back to the original decision-maker for reconsideration. The court may also issue orders for specific actions.
Yes, you may still be able to seek judicial review if you believe there were legal errors in the appeal process. However, judicial review is a separate process from appealing a decision on its merits.
Expert legal advice is crucial for navigating the complex processes, preparing strong arguments, and increasing the chances of a successful outcome. As specialists, we can provide valuable guidance.
Judicial review can be expensive and complex, with no guarantee of success. Costs may include legal fees and court costs, and you might be liable for the other party's costs if you lose. It’s important to weigh these risks and seek professional advice.
