Appeals in the Tribunal and High Court
Usually you can lodge a U.K immigration appeal on any one or more of the grounds available to you. You may always appeal on the grounds of:
- • Race discrimination; or
- • Human rights, if the decision is against your rights under the European Convention on Human Rights or it would be against your rights for us to remove you from the United Kingdom because of that decision.
You can appeal if the Home Office has told you that they intend to remove you from the United Kingdom, you may also appeal if your removal would be against the obligations under the 1951 United Nations Convention Relating to the Status of Refugees.
You may also be able to appeal if the Home Office decision:
- • Was not in line with the immigration rules;
- • Was not in line with the law; or
- • If the immigration rules allowed the person who made the decision to exercise his/her own judgment on the circumstances of your case and his/her judgment should have been exercised differently.
Judicial Review is the process by which individuals can challenge the lawfulness of decisions or actions of the Executive, including those of Ministers, local authorities, other public bodies and those exercising public functions in the high court. Judicial Review is not available if there is an alternative remedy (for example a statutory right of appeal); only those with sufficient interest in the outcome are able to bring a case and they must first obtain permission for their case to be heard. If a JR claim is successful the usual result is that the decision is "quashed" or nullified.
The time limit for filing a claim form must be no later than 3 months after the grounds to make the first claim arose. The time limits are strictly applied. People are still advised to take legal advice urgently whenever a decision that concerns them is made - or even may be made in the future.
Please contact us today for further advice and assistance 020 3586 4050, 0758293 2830 or email email@example.com
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