Appeals against UK Visa and Immigration
Immigration Bill 2014 has drastically reduced the right to appeal against Immigration Decision. Only the following Immigration decisions give rise to statutory right of appeal.
(a) the Secretary of State has decided to refuse a protection claim,
(b) the Secretary of State has decided to refuse a human rights claim, or
(c) the Secretary of State has decided to revoke protection status.
Appeals are not always a straightforward issue. Drafting grounds of appeal, recording witness statements and preparing documentary evidence in an appeal bundle mostly need services of a legal professional.
There are two types of appeals.
Outside UK
If you are denied a UK visa or leave to enter, you will be informed about your right to appeal against the decision. If you have right to appeal the decision, you must submit your appeal within 28 days.
If you applied for entry clearance or visa and your application is refused without right of appeal, you can still challenge the decision through Administrative Review. If there is no right of appeal against a decision and decision is unlawful such decision can be challenged through Judicial Review. We have successfully challenged refusals of the visa officers and our clients got visas to enter UK.
Inside UK
In country appeals are against the decision of the Secretary of State for Home Department. These are usually against refusal in asylum and humanitarian protection claims, extension of further leave to remain in breach of Human Rights, curtailment of current leave or revocation of refugee status or indefinite Leave to remain or permanent residence, refusal to grant residence documents under EEA Regulations, deportation or removal from the United Kingdom.
More information on appeals can be found at Immigration and Asylum Tribunal.
Permission to Appeal
If your appeal dismissed by the First-tier Tribunal, it does not mean you lost your case and it is an end of the world. You still have a statutory right to make an application for permission to appeal in case there is a material error of law. We have successfully challenged number of decisions through permission to appeal. In complicated cases we consult our barristers before challenging the decisions of the First-tier Tribunals.