Immigration Appeals

Appeals to the Immigration Tribunal

Facing a refusal from the Home Office can be incredibly distressing and frustrating. It has the potential to have a life-changing impact, affecting various aspects of your life including residency status, employment, and family relationships. The uncertainty and stress associated with this situation can be overwhelming.

If you are considering appealing an immigration decision, it is important to be aware that not all decisions have a right of appeal. In order to determine whether you have grounds for appeal, it is recommended to seek advice from a solicitor or accredited immigration adviser.

We have the expertise and experience to support you through the process of appealing a Home Office refusal. Our knowledgeable team can provide you with the guidance and representation you need to navigate the appeals process.

Typically, appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber), which is administered by HM Courts and Tribunals Service and operates in England, Scotland, Wales, and Northern Ireland.

Appealing a refusal decision

The types of immigration refusals that generally have a right of appeal include:

1. Human rights: You can appeal a refusal based on the argument that removal or denial of entry would be unlawful under the Human Rights Act 1998. For example, you may claim that removal from the UK would breach your right to family life with a child or partner.
2. International protection (asylum): You can appeal a refusal of a claim for refugee status or humanitarian protection, or the revocation of either status. This typically involves arguing that removal from the UK would breach the country’s obligations under the United Nations Refugee Convention.
3. EU Settlement Scheme: If you have been refused the right to remain in the UK under the EU Settlement Scheme or to join a sponsoring family member, you have the right to appeal.

If you decide to appeal, there are different procedures and timescales depending on whether you are appealing from within the UK or outside the UK.

It’s important to seek professional advice and guidance throughout the appeal process to navigate the complexities of immigration appeals effectively.

In addition to the appeal process, there are other avenues of challenge available for immigration decisions. These include:

Administrative Review:

If you do not have the right to appeal, you may have the right to apply for an administrative review. This is an internal procedure within the Home Office. The decision letter will indicate whether you have the right to apply for administrative review. The gov.uk website provides detailed information on the procedures, timescales, and costs involved for applicants both inside and outside the UK.

Judicial Review:

Judicial review is a court proceeding where a judge examines the lawfulness of a decision or action taken by a public body, such as the Home Office. It may be possible to challenge an immigration decision through judicial review instead of the appeal process. However, it’s important to note that judicial review is generally more complex and expensive compared to the appeal process.

If you believe that a decision made by the Home Office is unlawful, you may want to consult with a solicitor or legal expert who specialises in immigration law, who can provide guidance on whether administrative review or judicial review is a viable option for challenging the decision.

How can we help?

At SMK Solicitors, we have years of experience handling challenging immigration appeals and have a strong track record of success. We work with experienced experts to ensure our clients get the best possible result. Contact us today to discuss your specific situation and find out how we can support you.