On 1 December 2016, the Immigration Act 2016 made significant changes in regards to the appeals process. An Applicant can be removed from the UK if they are in the process of an appeal or if an appeal on human rights grounds is pending. These powers do not apply to Immigration Asylum Appeals however and each individual’s circumstances should be considered before deciding whether to make an Immigration Asylum Appeal or a fresh application.
What is an Immigration Asylum Appeal?
An Immigration Asylum Appeal can be made to the Upper Tribunal in the event that the Home Office has refused an application and the Applicant feels that there was a legal mistake made with the First Tier Tribunal decision. Applicants are either given an in country right of appeal or an out of the country right of appeal and either way, challenging a Home Office decision with an appeal can be a stressful, costly and lengthy process. It is therefore important that any UK Visas and Immigration application succeeds at the first instance in order to avoid the prolonged appeal process, so contact our specialist immigration solicitors before submitting an Immigration Asylum Appeal or UK Visas and Immigration application.
Using an Immigration Asylum Appeal as a Deterrent Mechanism
The average waiting time for the Home Office to determine an Immigration Asylum Appeal is now approximately 44 weeks and there are currently around 65,000 appeals waiting to be determined. This could be seen as the UK Government’s way of deterring Applicants from appealing against the Home Office decision and leaving the country to then reduce the UK’s net migration figure to their target of less than 100,000.
Pros of an Immigration Asylum Appeal
If successful, appealing a negative Home Office decision can be beneficial to Applicants as not only will they be granted their leave in the UK, but they will also erase any adverse immigration history that that refusal would have given them. Therefore this will not have a negative impact on any future UK Visas and Immigration applications.
Cons of an Immigration Asylum Appeal
As well as the lengthy time it can take for an Immigration Asylum it can also be a significant monetary cost to the Applicant and costs cannot be recovered at Tribunal hearings, unless the Home Office have cited unreasonably and their refusal are frivolous and vexatious. Moreover, no new evidence may be considered during the appeal so only evidence that was originally submitted may be relied upon.
There have been many cases where the Home Office has failed to exercise proper discretion by refusing appeals to cases where appeals were acceptable. A prime example of Home Office decision not allowing an applicant to appeal and then sending a letter to the wrong MP now has won an appeal to be granted a visa at the tribunal.
Therefore in some instances it may be more appropriate to make a fresh application as that may have a greater chance of success. In order to determine whether to make an Immigration Asylum Appeal or submit a fresh application, it is advised to seek professional legal advice from our dedicated immigration team, in order to understand and navigate the UK’s complex Immigration and Asylum Appeal rules.
Using Legal Representation to Make an Immigration Asylum Appeal or a Fresh Application
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 an immigration Asylum Appeal or fresh application.
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 application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Immigration Asylum Appeal or Fresh Application
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 immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant rules.
Our offices 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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. 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.