Receiving a UK immigration refusal is often a stressful time. Generally, the Home Office in the UK or the British High Commission in your home country will give reasons as to why they have refused your UK immigration application. If you have been given a right of appeal, you can lodge an appeal with the UK Immigration and Asylum Tribunal on one or more of the grounds available to you. Usually you will have 14 days to appeal in- country and 28 days to appeal from outside the U.K.

We shall advise you on whether you should appeal, seek a review or re-apply. Aschfords law offer best immigration appeal lawyer UK.

The grounds on which you may always appeal are:

  • Race discrimination
  • Human rights, if the decision breaches your rights under the European Convention on Human Rights or it would be unlawful or unreasonable for you to be removed from the UK

You can also lodge an UK immigration appeal if the Home Office has notified you that you are liable for removal from the UK and in particular if, your removal would breach the obligations under the 1951 United Nations Convention Relating to the Status of Refugees.

Additional grounds on which an appeal can be lodged are, if the decision:

  • Was not in accordance with the Immigration Rules
  • Was not in accordance with the law
  • - The person who made the decision ought to have exercised it’s discretion differently

If the UK immigration appeal is unsuccessful, you may be allowed to appeal further, depending on the error of law and the circumstances of your case.

 

Visa and Immigration reconsideration requests 

You might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.

This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administration review.  You can’t ask for a reconsideration if you have a right to an appeal or a review.

When you can make a reconsideration request

You can make a reconsideration request if you believe immigration rules or policies weren’t followed correctly when the decision was made.

You must be in the UK to make the request.

You can only make a request if you applied in the UK to:

  • transfer your visa to a biometric residence permit - known as a ‘transfer of conditions’ (TOC)
  • transfer your indefinite leave to remain to a biometric residence permit - known as ‘no time limit’ (NTL)
  • extend your leave, switch your visa or settle in the UK

You can make a request if your application for TOCNTL or leave to remain was successful but you believe the type or the expiry date of the leave is wrong.

You can also make a request if your TOC or NTL application was refused and you have any of the following:

  • new evidence about the date of the application
  • new evidence to prove that your documents were authentic
  • evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

These are the only kinds of new evidence that you can use. You can’t make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.

When you can't make a reconsideration request

You can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.

Your decision letter will usually tell you if you have either of these rights.

How to make a request

You must make your request as soon as possible and no later than 14 days after you get the decision on your application.

You can only make one reconsideration request. We can make representation for you in this regard.

Judicial Review

Judicial Review is the process by which individuals can challenge the lawfulness of decisions or actions of the Home Office, Secretary of State for the Home Department in the Upper Tribunal, Immigration and Asylum Chamber. An UK immigration appeal application for Judicial Review cannot be made if there is an alternative remedy (for example, a statutory right of appeal). Only matters that have sufficient merits in the case should seek permission to apply for Judicial Review. If a Judicial Review claim is successful, the decision is normally quashed or nullified.

A claim must be issued no later than 3 months from the date of the decision and the time limit is strictly applied. Nonetheless, we would suggest that you seek legal advice as soon as possible in order to obtain the best option for your matter.

Our committed and experienced team of immigration appeal lawyer UK advisors will be happy to guide you through the entire process.

Professional fees:

Normally, instructions in respect of all Immigration matters are undertaken on the basis of an agreed fixed fee having consideration of the complexity of the matter and the level of expertise involved. All disbursements are additional such as the Court fee/ expert fee/ barrister fee. If we are unable to agree a fixed fee, our standard hourly rate will be £300 plus vat equating to £360 (if applicable).

Our agreed fixed fee usually includes meeting with one of our experienced solicitors to establish the details of your case, advice you on your option(s) and merits in the matter, lodging the Notice of Appeal with the First Tier Tribunal, guidance in collating supporting and relevant documents; preparing and submitting the appeal bundle with the Tribunal and the Home Office.  

Time scale:

Upon receiving instructions, we will provide you with an initial list of documents. Thereafter, we shall provide a comprehensive list of documents tailored to your individual circumstances. The Notice of Appeal will be lodged within the time limits 14 days/28 days.  As soon as we receive the requested information and supporting documents and we have reviewed your matter, we shall prepare and submit your appeal bundle in accordance with the Directions set by the Tribunal bearing in mind the applicable deadlines. We shall instruct a barrister for drafting a skeleton argument and represent you at the hearing. The timescale on when a decision will be received will depend on the type of appeal matter and backlog of the decision making body. On average it may take 4-6 weeks to get a decision from the Tribunal after the hearing. We shall keep you informed of the progress of your matter throughout the entire appeal process.

Immigration Tribunal Fee:

  • £80 without a hearing – a judge decides your appeal on the information and evidence you send to the tribunal
  • £140 with a hearing – a judge decides your appeal at a hearing that you can attend

Please contact us today for further advice and assistance on 020 3002 9147, 075 8293 2830 or email us at info@aschfordslaw.com.