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UK Immigration Appeals

Expert legal guidance to challenge Home Office refusals and representation at every stage of the immigration appeal process.

Deadlines for UK Immigration Appeal

If you are in the UK, you have 14 days from the refusal date to appeal, while if you are outside the UK, you have 28 days. There are two types of appeals: one based solely on submitted documents, and other involves an oral hearing where you or your representative can attend. 

Remember, appealing a visa refusal comes with strict deadlines. Quick action and professional assistance can improve your chances of a successful outcome.a

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Understanding the UK Immigration Appeals

An appeal is a formal legal challenge of a decision made by the Home Office against an immigration application. In the case of an application refusal, you may have the right to: 

  • Appeal against that decision
  • Make another application with additional supporting evidence 

An immigration solicitor can advise you on the best course of action based on your situation.

How to Appeal a UK Immigration Decision?

Making an Appeal for UK visa refusal cases can be a complex process. If your UK visa application has been refused by UK Visas and Immigration (UKVI), also known as the Home Office, you may be able to appeal the decision to the First-tier Tribunal (FTT) if your refusal letter states you have that right. You can make an appeal if the Home Office has refused your application for:

  • Entry clearance

  • Further leave to remain

  • Settlement

  • Spouse/marriage visa

  • Child visa

  • Human rights visa 

Our team of Immigration Solicitors can help you appeal against the decision. It may take between 6 months and one year to resolve.

What is the Immigration Appeals Process in the UK?

An appeal is the process of formally requesting the judge of a court to overturn the Home Office decision after looking at the application. When filing an appeal against the Home Office, the first-tier tribunal is the first court you can access. 

  • After receiving a refusal, you need to confirm your right to appeal.
  • Carefully review your refusal letter to understand the reasons for the refusal.
  • Promptly consult an immigration lawyer to discuss your options. 
  • Solicitors can help you prepare your appeal and represent you during the process. 
  • Your lawyer will compile the necessary documents and arguments to support your case
  • Submit your appeal to the FTT within the deadline. 
  • In case of oral hearing, you or your lawyer will attend to present your case. 
  • Wait for the FTT to issue a decision on your appeal (it takes weeks or months).

Note that most successful appeals are handled with the help of an experienced immigration solicitor.

Who Has the Right of Appeal in Immigration Cases?

If your UK visa application has been refused, you may have the right to challenge the decision. It is important to keep in mind that not all decisions made by the Home Office can be challenged and put up to the court as an appeal.

You only have a right to appeal where a decision has been made to either:

  • A claim for international protection, i.e., Asylum claim.
  • Human rights claim.
  • Revoke protection status.

How to Appeal a Home Office Immigration Decision in the UK?

Appealing a UK visa refusal involves a formal process with strict deadlines and specific requirements. While the exact procedure may vary slightly depending on the type of visa and your location, the general process remains similar.

Grounds for Appeal

You must state the grounds you are relying on when applying for the appeal. These are the legal reasons and basis for your appeal and are mentioned below:

  • Your removal or the revocation of your protection status would breach the UK’s obligations under the Refugee Convention under Humanitarian Protection or Human Rights Act.
  • A decision made by the Home Office is unlawful under the Human rights act.

Here is an overview:

  • Carefully examine the refusal notice to understand the reasons for the decision.

Determine Your Eligibility

  • Review Your Refusal Notice: Carefully examine the refusal notice to understand the reasons for the decision.
  • Grounds for Appeal: Assess whether you have valid grounds for an appeal based on the type of refusal and your circumstances.

Complete the Appeal Form

  • Correct Form: Use the appropriate form (e.g., IAFT-1 for in-country appeals).
  • State Your Reasons: Clearly articulate your reasons for appealing.
  • Supporting Evidence: Include all relevant supporting documents to strengthen your case.

Pay the Appeal Fees

  • Fees: £80 for a paper hearing, £140 for an oral hearing.
  • Fee Waivers: Check if you qualify for a fee waiver based on your financial situation.

Submit Your Appeal Within the Time Limit

  • Deadlines: 14 days for in-country appeals and 28 days for out-of-country appeals.
  • Timely Submission: Ensure your appeal is submitted within the specified timeframe to avoid rejection.

Attend Your Hearing of UK Immigration Appeal

  • Participation: Attend the scheduled tribunal hearing to present your case and respond to any questions.

Await the Tribunal’s Decision

  • Decision Outcome: The tribunal may instruct the Home Office to reconsider your application or may dismiss your appeal.
  • Follow-Up: Stay informed about your appeal status and be prepared for the next steps based on the tribunal’s decision.
  •  

Be Aware of Decision Timeframes

  • Variable Timeframes: Decision time frames vary depending on the appeal type, complexity, and tribunal workload.
  • Regular Updates: Keep track of your appeal status and any communications from the tribunal.

Need Assistance in Immigration Appeals?

Appealing a UK visa refusal can be a difficult process, seeking legal advice from Axis Solicitors will ensure that you have the best chances of a favourable outcome. Contact us for assistance every step of the way.

Image depicting the concept of immigration law in UK, featuring legal documents and symbols of immigration.

Requirements for UK Immigration Appeals

Keep the following rules in mind while applying for UK immigration appeal.

  • You have 14 days to appeal if you are in the UK or 28 days if you are outside the UK.
  • You must clearly state the legal reasons why you believe the decision was incorrect.
  • Strong evidence is crucial to support your appeal. 
  • You need to submit documents, witness statements, or expert opinions.
  • Seeking advice from an immigration solicitor can improve your chances of success. 
  • If you are not eligible to appeal, there are still options that you can explore.

Our experienced solicitors can guide you through the process, prepare your appeal documents, and represent you at hearings.

What Are the Primary Grounds for Appeal?

Protection Claims (Asylum / Humanitarian Protection)

  • Appeal is available if your asylum or humanitarian protection claim has been refused
  • Focuses on proving a well-founded fear of persecution or serious harm in your home country
  • Appeals are made to the First-tier Tribunal

Revocation of Refugee Status

  • Applies if your refugee status or humanitarian protection has been revoked
  • Challenges whether the revocation decision is lawful and justified
  • Considers the risk of persecution or serious harm on return

Human Rights Claims (Article 8 ECHR)

  • Covers refusals based on family or private life applications
  • Argues that the decision disproportionately interferes with your human rights
  • Assessed under Article 8 of the European Convention on Human Rights

European Nationals (EEA Regulations)

  • Applies to EEA nationals and their family members facing adverse decisions
  • Examines compliance with EEA Regulations and EU law
  • Focuses on whether your rights under free movement rules were correctly applied

Other Immigration Decisions

  • Applies to certain refusals where a right of appeal is granted by law
  • Focuses on legal errors, procedural fairness, or incorrect application of rules
  • Appeals are heard by the relevant immigration tribunal

How Expert Solicitors Can Assist You in the Appeal Process?

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Case Review

  • Comprehensive assessment of your case and likelihood of success
  • Clear discussion of fees and available options
  • Tailored strategy based on your individual circumstances

Evidence Gathering

  • Support with collecting all relevant documents and information
  • Ensuring evidence is complete, accurate, and persuasive
  • Managing strict appeal deadlines effectively

Hearing Preparation

  • Development of a strong legal argument supported by evidence
  • Preparation of detailed personal statements and legal submissions
  • Mock Q&A sessions to ensure confidence and readiness

The Hearing

  • Pre-hearing guidance to prepare you for the process
  • Representation and presentation of your case before the judge
  • Handling questioning and delivering closing submissions

Post-Hearing Discussion

  • Review and explanation of the written tribunal decision
  • Clear advice on the outcome and its implications
  • Guidance on next steps, including further appeals if required

Why Clients Choose Axis Solicitors?

We combine legal expertise with a client-first approach to deliver clear, confident representation in your UK immigration appeal process.

Experience across immigration, family, and personal injury law

Clear, responsive communication with no hidden surprises

Commitment to protecting your rights and interests

We maximise your chances of success from the outset

Contact us today for expert help with your UK Immigration Appeal.

 

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Take Control of Your Appeal with Confidence

When your future is on the line, you need strategic, hands-on representation from specialists who understand every stage of the UK immigration appeals process.

At Axis Solicitors, we don’t just assess your case; we build it with precision, prepare you thoroughly, and stand beside you from the first review to the final decision and beyond. With strict deadlines and complex legal arguments, early expert guidance can make all the difference.

Book Initial Assessment

Axis Solicitors & UK Immigration Appeals

Our team of Specialist UK Immigration appeals Solicitors provides professional legal advice and representation in the courts about every aspect of  UK immigration appeals, including:

  • Advice to the merits of appealing against Home Office immigration decisions.
  • Drafting grounds of appeal to the First-tier Immigration Tribunal.
  • Preparation of appeal bundles for UK Immigration Appeals hearings.
  • Expert Representation at Case Management Review Hearings.
  • Representation at UK Immigration Appeals hearings before the First-tier Tribunal.
  • Advice as to the merits of appealing against a decision of the Immigration Tribunal dismissing an Immigration Appeal.
  • Drafting applications for Permission to Appeal to the Upper Tribunal.
  • Representation at UK Immigration Appeals hearings before the Upper Tribunal.

FAQs - UK Immigration Appeals

No, not all decisions made by the Home Office can be appealed. You only have a right to appeal in the following cases:

  • A claim for international protection: This includes asylum claims.
  • Human rights claim: If your human rights have been violated, you can appeal the decision.
  • Revoke protection status: If your protection status has been revoked, you can appeal this decision.

If your case does not fall under these categories, you may not have the right to appeal. Consult with our immigration solicitors to understand your options.

The deadline for filing an appeal depends on your location when you receive the refusal notice:

  • Inside the UK: You must file your appeal within 14 days of receiving the refusal notice.
  • Outside the UK: You have 28 days from the date of the refusal notice to file your appeal.

Important Note: If you miss the deadline, you can still apply for an “out of time” appeal. However, you’ll need to provide a valid reason for the delay and convince the Tribunal to consider your appeal.

Need help with your UK visa appeal? Contact Axis Solicitors today for expert guidance.

When appealing a Home Office decision, you must state the legal reasons (grounds) for your appeal.

The  grounds for appeal include:

  1. Breach of UK’s obligations: Your removal or the revocation of your protection status would violate the UK’s commitments under the Refugee Convention, Humanitarian Protection, or the Human Rights Act.
  2. Unlawful decision: The decision made by the Home Office is considered unlawful under the Human Rights Act.

It is important to clearly state the grounds for your appeal and provide enough compelling supporting evidence to strengthen your case. Consult with Axis Solicitors to understand the specific grounds relevant to your situation and ensure your appeal is effectively presented.

If you are not eligible to appeal a Home Office decision, there are still options you can explore:

  1. Administrative Review: Certain types of applications allow for an administrative review if refused. This process involves the Home Office reviewing its decision for potential errors or oversights. Refer to the specific information on administrative reviews for eligibility and procedures.
  2. Judicial Review: This is not an appeal in the traditional sense, but rather a legal process to examine the way the decision was made, focusing on procedural fairness and legality. It does not reassess the merits of your case but challenges the decision-making process itself. Judicial reviews are complex and require legal expertise, so seeking professional advice is crucial.

Remember, even if you do not have the right to appeal, other avenues may exist to challenge or review a Home Office decision. Schedule a free initial assessment.

Once your appeal is submitted, the process typically follows these stages:

Acknowledgment & Case Management: The Tribunal will acknowledge receipt of your appeal and may schedule a case management hearing to set timelines and discuss the evidence required.

Evidence Submission: You and the Home Office will provide supporting documents and any statements that strengthen your case.

Hearing: Your appeal will be heard before a judge at the First-tier or Upper Tribunal, where both parties can present their arguments, answer questions, and provide additional evidence.

Decision: After the hearing, the Tribunal will issue a written decision. If your appeal is successful, your status or application will be granted. If refused, there may be further options, such as applying for permission to appeal to the Upper Tribunal or pursuing a judicial review.

It is crucial to be fully prepared for each stage of the process. Axis Solicitors can guide you step by step, ensuring your appeal is presented clearly, on time, and with the strongest possible supporting evidence.