Right of Appeal
The UK immigration matters could be distressing especially when you have refusal decision in hand. It may seem like end of the world but in fact it may not be. We at TMC Solicitors have specialist immigration solicitors who are regularly dealing with appeal matters and our success rate is encouraging and exceptional because we strive to go extra miles in preparing your case for appeal. Our instructed barristers have intensive experience in UK Immigration and have persuasive advocacy skills for representing you at an oral hearing.
Right of Appeal:
You may be able to appeal the refusal decision to First-Tier Tribunal (Immigration and Asylum Chamber) against eligible decisions:
- • If your asylum and humanitarian protection claim is refused;
- • If your human rights claim is refused;
- • If you are a direct family member of an EEA national and your ap-plication for Residence Card or Family Permit is refused.
- • If you are an EEA national and a deportation order is made against you.
- • If your protection or refugee status is revoked.
- • If the Secretary of State has decided to deprive you from your Brit-ish Citizenship.
For decisions made within the UK, the in-country appeal rights are de-pendable on certification i.e. if the decision maker has decided to certi-fy the decision as totally without merit, you may not be able to exer-cise an appeal right until you have left the UK.
The Immigration Tribunals are independent from the Home Office and presided by the fee paid and salaried immigration judges to determine appeals.
The refusal decisions whether appealable or not, require urgent atten-tion because they all have certain deadline which if missed can make you liable to be removed from the UK without a further appeal right.
Deadlines to Appeal:
- a. Right of appeal from within the UK- deadline to appeal is 14 calendar days from the date decision was sent to you or your legal representatives.
- b. Right of appeal against refusal of application from outside the UK- deadline is 28 days from the date the decision was received by the applicant.
For in-country applications or asylum claim, if certified, the Right of appeal in some circumstances is only exercisable from outside the UK after the applicant was removed or voluntarily left- deadline is 28 days after the applicant leaves the UK.
So, do not delay and call one of our expert solicitors for an accurate legal advice because the delay could be damaging for your case and the tribunal may or may not extend time.
A standard appeal to the First-tier Tribunal (Immigration and Asylum Chamber) is a three-stage process and we can represent you in the following ways.
- a. Notice of appeal is lodged with the First-tier Tribunal within the specified time- We will complete the relevant appal form, draft grounds of appeal in light of prevailing rules and recent case laws and will then lodge it in the tribunal.
- b. The appeal is processed and listed for a hearing- this is when we will advise you on all the evidence required to support your case, we will draft witness statements in a professional manner from the information you have provided and prepare multiple copies of indexed and paginated bundle including all the relevant evidence and statements. The bundle will then be served to the tribunal and the Home Office Presenting Officers.
- c. On the date of hearing our instructed specialist barrister will make representations before the Immigration Judge to persuade him/her to allow your appeal.
You have a choice to select a paper appeal option when the appeal form is completed which means the immigration judge will decide the case on papers without an oral hearing. We do not recommend this to our clients because this can make things difficult if the appeal is dismissed due to the reasons which could have been better explained with face to face representations.
Permission to Appeal:
If your appeal is dismissed by an immigration judge of the First-tier Tribunal, you may be able to apply for a permission to appeal to the Upper Tribunal. This application has a deadline of 14 Calendar days and you must act fast to see immigration solicitors. You make an application for permission to appeal to the First-tier Tribunal and if refused, you can make it directly to the Upper Tribunal. The permission to appeal is technical because it can only be made on the basis of an error of law in the appeal determinations of the immigration judge. This is when you need specialist immigration lawyers. We at TMC Solicitors have specialist solicitor who specialise in appeal matters up to the highest court in the UK. If you were unrepresented at the appeal or were being represented by different lawyers and wish to instruct us, you should contact us as soon as the appeal decision is received because the transfer of your file of papers from previous representatives and preparation of grounds for permission to appeal may take some time.
The Judicial Review is a remedy of last resort when all other available remedies are exhausted. If your permission to appeal applications are refused by both tribunals and you are still not satisfied with the outcome, you may be able to challenge the decision in Judicial Review proceedings in the High Court of Justice. This application for Judicial Review is different from normal applications because:
- • the usual deadline of 3 months is reduced to 16 days;
- • a higher threshold applies (i.e. second appeal test) applies;
- • there is no right to an oral renewal of the application if the judicial review is refused on papers.
What if permission to appeal is granted:
If the permission to appeal is granted at any stage, the appeal will be heard at the Upper Tribunal (Immigration and Asylum Chamber) where it can have three outcomes:
- a. Appeal decision of First-Tier Tribunal overturned;
- b. Appeal decision of the First-Tier Tribunal main-tained;
- c. The appeal is remitted back to the First-Tier Tribu-nal for a rehearing on some or all points.
Why Choose Us?
No case is the same as another, and we do not take a ‘one size fits all approach’ to our clients. We prepare and undertake a tailored strategy based on our client’s individual’s needs and circumstances. Our experienced team is able to provide advice and assistance in various legal areas.
Our team will undertake a formal review of your case documents and advise you on the suggested next steps. Our expertise in this area means that care and consideration will be used when reviewing your file. We understand that matters can be time sensitive and you will receive our advice promptly following our instructions.
We are experts in advising and dealing with complex matters on behalf of vulnerable clients. Our team is committed to fighting for justice and providing a high quality service for all of our clients.