Immigration Appeals
UK Immigration Appeals
Appealing for a UK visa refusal can be complex and challenging. At Legal Pathway Solicitors, our experienced immigration solicitors can help you appeal against the decision if your application for entry clearance, further leave to remain, settlement, spouse/marriage visa, child visa, or human rights visa in the UK has been refused by the Home Office.
What is an Immigration Appeal?
An appeal is a formal legal challenge to the decision made by the Home Office against your immigration application. If your application is refused, you may reserve the right to appeal against that decision or make another application with further supporting evidence. An appeal is a formal request to a court judge to overturn the Home Office decision by reviewing your application. If you are filing an appeal against the Home Office, the first-tier tribunal is the first court you can access.
Do I Have a Right of Appeal?
It is important to note 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.
Time Limit to Apply for Appeal
If you are appealing from inside the UK, you must file it within 14 days of receiving the notice of your application refusal by the Home Office. However, if you are appealing outside the UK, you must file the appeal within 28 days of receiving the Home Office’s refusal decision.
If you miss the deadline for the appeal, you may still apply for it as an “out of time” appeal, but it would require you to provide a valid reason for doing so and explain this to the Tribunal so that the Tribunal does not refuse to consider your appeal.
Grounds for Appeal
You must state the grounds you rely 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.
No Right of Appeal
If you do not have the right of appeal, you may be able to apply for an administrative review from the Home Office. However, only certain types of applications allow an administrative review if refused. Please read more about the administrative review for details.
If you do not have the right of appeal, you may wish to consider whether a judicial review is possible in your situation. Please note that a judicial review is not the same as an appeal – an appeal looks substantively at the issues of your case, while a judicial review looks only at how the decision on your case was made.
