If your UK visa or immigration application has been denied, our expert immigration appeal lawyers can evaluate the viability of appealing to the First-tier Tribunal (Immigration and Asylum Chamber). We will assist in preparing your immigration appeal and provide representation at your appeal hearing.
Understanding the First-Tier Tribunal Immigration and Asylum Chamber (FTTIAC)
Navigating immigration applications to the Home Office can be complex, especially for individuals for whom English is a second language. The First-Tier Tribunal Immigration and Asylum Chamber (FTTIAC) consists of seven appeal ‘chambers’ across the UK, staffed by judges who resolve immigration disputes. Their primary role is to review decisions regarding permission to stay in the UK, deportation, entry clearance, and Home Office detention.
If you are considering appealing an immigration decision, the FTTIAC is your first point of application. Our leading London Law Firm can provide expert assistance in preparing and submitting your appeal to ensure a smooth and effective process.
Which Immigration Matters Can Be Appealed to the FTTIAC?
When you receive a decision from the Home Office on an immigration matter, you will be informed if you have the right to appeal. Not all decisions can be appealed; only those on specific grounds are eligible:
- If your removal or the revocation of your protection status would breach the UK’s obligations under the Refugee Convention (applicable for Humanitarian Protection or under the Human Rights Act).
- If a decision is deemed unlawful under section 6 of the Human Rights Act.
- Decisions regarding EEA nationals not in accordance with EU law.
However, the Home Office may deny an appeal if they believe there is no valid case. In such scenarios, having experienced legal representation can make a significant difference. Our law firm specialises in identifying the right grounds for appeal and presenting a compelling case to the FTTIAC.
Submitting Your Appeal to the FTTIAC
The first step in the appeal process is issuing a ‘notice of appeal’ to the FTTIAC. This can be done by the individual or handled by an immigration lawyer. The notice must be received within 14 days if you are in the UK or 28 days if you are outside the UK. The necessary forms are available on the Government website.
According to the latest FTTIAC rules, the notice of appeal must:
- Set out the grounds of appeal.
- Be signed and dated by you or your representative.
- State whether you need an interpreter and for which language and dialect.
- Indicate if you intend to attend a hearing or have your case decided ‘on the papers.’
- Specify whether you will be represented at any hearing.
You must also provide:
- The notice of the decision against which you are appealing.
- The statement of reasons for that decision (if any).
- Any supporting documents not previously supplied.
The appeal application fee is £80 without a hearing or £140 with a hearing. You may be exempt from this fee if you qualify for legal aid, receive asylum support payments, or are under 18 and receive support services from your local authority.
Our firm can help ensure all necessary documentation and fees are properly handled, increasing your chances of a successful appeal.
Once Your Appeal Has Been Received by the FTTIAC
After receiving your notice of appeal, the FTTIAC will send a copy to the Home Office. You will then receive a ‘notice of hearing’ detailing the location, time, and date of your appeal hearing. If you need to submit additional documents, the notice will provide the address and deadline.
If you cannot attend the hearing due to illness or other reasons, you can request an adjournment. In some asylum appeal cases, a pre-hearing known as a Case Management Review (CMR) may be necessary.
On the day of your hearing, you will present your evidence and respond to questions from the Home Office Presenting Officer and the judge. The Home Office will outline their reasons for dismissing the appeal, after which you will have an opportunity to explain why your appeal should be allowed.
The outcome of your case will be notified to you in writing approximately 21 to 28 days after the hearing. If your appeal is successful, the Home Office may appeal the decision, but if they do not, they are likely to reverse their initial decision. A refused appeal may then be taken to the Upper Tribunal.
Why Instruct Our Leading London Law Firm?
Appealing a decision made by the Home Office can be a daunting process. Seeking legal representation ensures that the correct procedures are followed and that all necessary evidence is provided. This maximises your chances of a successful outcome. Our experienced immigration solicitors can alleviate the stress associated with this process, allowing you to focus on your personal and family needs.
By choosing our firm, you benefit from our extensive expertise in immigration law and our track record of successful appeals. We are dedicated to providing personalised and effective legal support, ensuring that your appeal is handled with the utmost care and professionalism.
If you are facing a negative immigration decision, do not hesitate to contact us. Our team is ready to assist you in preparing and submitting your appeal to the FTTIAC, giving you the best possible chance of success.