In some circumstances where an immigration application is refused Applicants may attract a Right of Appeal under the Immigration Act 2014. If you file an Appeal, you are requesting the First-Tier Tribunal to overturn an unlawful Home Office decision and grant your immigration and visa application. However, in some circumstances there may be no Right of appeal and the legal remedy available may be an Administrative Review or a Judicial Review Claim. Specialist legal representation and advice should be obtained to determine whether you have a Right of Appeal and if so, what are the merits and prospects of your Appeal being successful.
Do I have a Right of Appeal?
If you have submitted an immigration application and you believe your application was unlawfully refused by the Home Office. You may challenge the decision under Section 82 of Nationality, Immigration and Asylum Act 2002 (“the act”). You will be required to file an immigration appeal to the First Tier Tribunal (FtT) which can then allow or dismiss the appeal. Applicants may attract a Right of Appeal against the following decisions:
- Human Rights, Protection Claims, Asylum, Revocation of Protection, Asylum decisions or deportation orders. The appeal Rights for these can be found in Part 5 of the Nationality, Immigration and Asylum Act 2002;
- Entry Clearance applications, i.e. Spouse and Fiancé visas, Unmarried Partnership visas, Adult Dependent Relative visas and vary to leave to remain decisions;
- EEA family permit, EEA Residence Card, EEA Permanent Residence Card decisions, these appeal rights can be found in Regulation 26 of the Immigration (European Economic Area) Regulations 2006; and
- Deprivation of Citizenship and Right of Abode decisions.
In-country Right of Appeal
Section 92 of the Nationality, Immigration and Asylum Act 2002 sets out whether an Applicant can bring an in-country appeal or an appeal outside the UK. In normal circumstances, Applicants who submit their application within the UK will be given an in-country Right of Appeal. However, this may not be applicable if your claim has been certified under section 94 of the Nationality, Immigration and Asylum Act 2002 by the Secretary of State.
If you have been given an in-country Right of appeal you must file the appeal to the First Tier Tribunal within 14 days of receiving the original decision. If you have missed the deadline, you may still be able to submit the appeal but you must explain the reasons behind the delay. The First Tier Tribunal will then make a decision to whether it will hear your appeal, if you are submitting an appeal outside the 14 day period there must be exceptional circumstances for the delay.
Applications which do not attract a Right of Appeal
Applications submitted under the Points Based System do not attract a Right of Appeal. However, in some scenarios where there is no Right of Appeal, Applicants may apply for an Administrative Review where they believe there is a fundamental case working error. Alternatively, an Applicant may have to resort to filing an Immigration Judicial Review claim. The following Applications do not attract a Right of Appeal:
- Tier 1 Entrepreneur, Tier 1 Graduate Entrepreneur, Tier 1 Investor applications and Tier 1 Exceptional Talent visa applications;
- Tier 2 General, Tier 2 Intra Company Transfer, Tier Sportsperson and Tier 2 Minister of Religion visa applications;
- Tier 4 General Student and Tier 5 Youth Mobility Scheme visa applications;
- All dependent visas under the Points Based System.
If your Points Based System application has been refused and you wish to challenge the decision on the basis of a case working error then you must submit an Administrative Review within 14 days of receiving the original decision. However, if your Point Based System application has been refused and the decision is unlawful you may wish to seek legal advice in regards to filing an Immigration Judicial Review claim.
Using Legal Representation to seek a Right of 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 appeal to the First Tier Tribunal. Where a Right of Appeal is not granted by the Home Office, the Applicant can seek a Right of Appeal by Immigration Judicial Review. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. Our Solicitors and Barristers can draft comprehensive and strong grounds of appeal challenging the reasons for refusal, prepare detailed structured indexed and a paginated bundle of documents which will be relied upon at the appeal hearing. Our solicitors and Barristers can also draft comprehensive and strong witness statements in support of your appeal. These are the key ingredients towards a successful appeal. In addition to this, our Solicitors and Barristers can also assist in gathering essential documentary evidence and provide substantial reviews of your documents to giving your appeal the best chance of overturning a Home Office decision.
Advice from UK Immigration Solicitors on seeking a Right of Appeal and achieving a successful Appeal
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK appeal to the First-tier Tribunal or Upper Tribunal. We can assist you with the preparation of your appeal and ensure that you have the best chance of success.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
If you need professional legal advice about submitting a successful UK Visa application please contact us for a case assessment on 02071830570. You can also reach us via our contact form.