Success Story: Appeal Allowed at the First Tier Tribunal Appeal Hearing

We received the wonderful news earlier today that the Judge allowed our client’s (“the Applicant”) First Tier Tribunal Appeal. Our specialist Immigration Team had to overcome the allegation of a sham marriage and The Test of English for International Communication (“TOEIC”) deception. However, we prepared a strong bundle of documents which clearly evidenced the Applicant’s relationship with his EEA national spouse, and the Judge decided on the day to allow the appeal as it was obvious the relationship was genuine due to the substantial number of documents.  

Background to First Tier Tribunal Appeal case

The Applicant was an Indian national who had been in the UK since 2011 as a Tier 4 (General) student. A subsequent application for further leave to remain on that same basis was refused in 2014 due to alleged TOEIC deception. However, the Applicant had changed address before the refusal letter was served to him, and he, therefore, did not receive the Home Office decision informing him that his application was refused. The Applicant, therefore, became an inadvertent over-stayer.

In November 2015 the Applicant met an Italian national (“the Sponsor”) online and over the next few months their friendship developed. The Sponsor came to the UK in February 2016 to meet the Applicant in person and they both soon realised their feelings for each other were more than just friendship. The Sponsor then moved to the UK permanently that April in order to give their relationship a chance to develop further by moving in with the Applicant and got a job.

In 2017, the Applicant then made an application for an EEA Residence Card as the extended family member of an EEA national exercising treaty rights in the UK however this was refused with no right of appeal. Over the next year, the Applicant and his previous legal representatives submitted numerous EEA Residence Card applications, however, they were all refused on the basis that there was not enough evidence provided. The Applicant’s immigration history became messier with spending a month in immigration detention and various other applications pending. At this point, he then sought legal advice from our Immigration Solicitor who told him he had a tough battle ahead of him, but that we could assist him to sort out his immigration history and help to get him lawful status in the UK. We submitted a fresh EEA Residence Card application with a substantial amount of supporting documentary evidence to show that their relationship is genuine. This application was refused on the basis that the Home Office believed their marriage was a sham; however, he was given a right of appeal.

The case for submitting a First Tier Tribunal Appeal

After studying the Home Office refusal letter, it was clear to us that the Home Office had failed to exercise the burden of proof that the Applicant and Sponsor’s relationship was genuine. We, therefore, drafted grounds of appeal and submitted the First Tier Tribunal Appeal form. Our specialist Immigration Appeals Team then began preparing the appeal bundle by drafting witness statements and requesting and reviewing a substantial amount of supporting documents, which in the end totalled over 600 pages of credible documents.

On the day of the hearing, the Judge decided to allow the appeal as taking into consideration the amount and quality of the supporting documents from the application and the appeal bundle, it was obvious that the relationship was genuine and the marriage was not a sham. In most First Tier Tribunal Appeal cases, the Applicant needs to wait to receive the written determination from the Judge, however in certain circumstances; the Judge can give a decision orally on the day.

The Importance of a well prepared First Tier Tribunal Appeal bundle

Whilst it is Counsel’s job to argue a case before the Judge, it is incredibly important to have a well-prepared appeal bundle. As was the case with the Applicant, LEXVISA ensures that a strong appeal bundle is submitted in order to counteract the refusal points of a particular refusal letter. Having a well prepared First Tier Tribunal bundle can persuade the Judge to allow the appeal on the day if the evidence is presented in such a way that the Home Office made a clear mistake in the initial decision. Our Immigration Appeals Team is happy to arrange a consultation in order to discuss any Immigration Appeal cases and can offer a solution, so call our offices and we will be happy to assist.

Using Legal Representation to submit a successful First Tier Tribunal Appeal

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful First Tier Tribunal Appeal.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal matter has merit, you should seek legal advice from our immigration solicitors and barristers. In an instance where your case has no merits, our immigration solicitors can consider with you a fresh application with the correct documentation ensuring a positive result.

To submit a successful appeal at the Immigration and Asylum First Tier Tribunal you will need to obtain the correct documentary evidence in support of your appeal. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal has sufficient grounds to appeal.

Successful First Tier Tribunal Appeal

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your First Tier Tribunal Appeal before your matter even reach the tribunal. We can assist you with the preparation and submission of your First Tier Tribunal Appeal and ensure your case has the best chance of success.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful First Tier Tribunal Appeal. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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