In an unfortunate event of a refusal of visa application, there may be a right of appeal to the first-tier tribunal in the UK. In most cases, it is imperative that the right of appeal is exercised cautiously and expert advice is sought by an Immigration Solicitor.

OUT COUNTRY APPEALS TO FIRST-TIER TRIBUNAL IAC

If your visa application has been refused by Home Office from outside the country, you may be able to appeal to the First-Tier Tribunal Immigration and Asylum Chamber if you have reasons to believe there was an error with the immigration decision.

Please note that not all visa applications carry a right of appeal to the first-tier tribunal (Asylum & Immigration Chambers). You may, however, be able to submit an administrative review against refusal of Point-based system visa applications.

For Out-Country Appeals, Within 28 days of receiving the immigration refusal letter, you can appeal against the immigration decision of the Entry Clearance Officer (Visa Officer), if the applicant is given the right of appeal against the entry clearance application refusal.

Submission of the Notice of appeal can be sent to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK or to the British Embassy or High Commission or Consulate in the appellant’s country of origin.

It is important to note that there may be times where the best option and/or route going forward is to make a fresh decision.

In other words, appealing a decision may not always be the best option. There may be times where a fresh visa application could be the best course of action.

Please contact us for immigration advice if you are unsure about your appeal rights against refusal of visa.

IN-COUNTRY APPEALS TO FIRST-TIER TRIBUNAL IAC

For In-Country Appeals, within 14 calendar days from the date of Notice of Refusal, the Applicants must lodge their appeals to the First-Tier Tribunal (Immigration & Asylum Chamber).

The Immigration Tribunals are quite strict in adhering to the deadline of 14 days and one has to give a good reason, in case of any delays.

There are still a few categories of immigration applications that trigger a right of appeal against the notice of refusal by the Home Office, which includes but is not limited to Human Rights application, Spouse Visa Application, and EEA applications.

It is mandatory for the home office to give reasons of refusal along with the notice of the decision and to inform the applicant about their rights of appeal, if applicable.

The reasons of refusal shall disclose all the issues/concerns of the Home office which have been identified by the immigration or Visa officer on the basis of the information/documents provided by the applicant or the information already held on record by the Home Office.

Step 1 – Grounds of Immigration Appeal

The Appellant must carefully draft the grounds of appeal on which he may rely in his appeal to the First-Tier Tribunal Immigration and Asylum Chamber.

This is an opportunity for the appellant to address all the concerns and issues raised by the visa officer in the notice of the decision and the reasons for the refusal of the immigration application.

Drafting grounds of appeal is a specialized area of immigration work and should therefore be left for the experts to handle. 

Time Frame to lodge an Immigration Appeal

Out-Country Immigration Appeals

All out-country appellants are given 28 calendar days and in-country are given 14 days to lodge appeals to the First-Tier Tribunal (Immigration & Asylum Chamber).

Step 2 – Court Hearings & Preparation of Appeal bundles in First Tier Tribunal

Once an Immigration appeal is lodged in the First Tier Tribunal Immigration and Asylum Chamber along with the grounds of appeal, the Asylum & Immigration Tribunal schedules the appeal for a full court hearing.

The location of the court depends on the address of the appellant or in case of an out-country appeal on the address of the sponsor or the legal representatives.

  Court hearings take place on the scheduled date and venue unless a very good reason is presented to seek adjournment of the court hearing.

The appellant or his legal representatives need to prepare a bundle of documents for the appeal hearing that is generally sent at least 5 working days before the court hearing.

The bundle should include the witness statement of the appellant (if in-country) or the sponsor or any other witnesses that the appellant wishes to present to the First Tier Tribunal Immigration and Asylum Chamber, a chronology of relevant events, skeleton arguments, and all the documents relevant to the issues raised in the notice of the decision or the reasons of refusal.

It is really important to advise the witnesses of the appeal to be well prepared for the hearing and what to expect on the court hearing date. It has often occurred that the witnesses get confused or panic just because they were oblivious to the court procedures or were asked unexpected questions.

Step 3 – Appeal Representation at Court by Expert Immigration Barristers

We have several renowned immigration Barristers on our panel who have won numerous complex immigration cases for our clients. Our trusted best immigration Barristers have successfully represented our clients in the First Tier Tribunals.

Our expert Immigration Barristers ensure that clients are fully prepared for the hearing at the First Tier Tribunal by providing comprehensive advice on what to expect at the court hearing and how to handle any unexpected questions.

PERMISSION TO APPEAL TO THE FIRST TIER TRIBUNAL FOR APPEAL TO THE UPPER TRIBUNAL (ASYLUM & IMMIGRATION)

In an immigration appeal, there may be three courses of action that the Ld. Immigration Judge of the First Tier Tribunal (Asylum & Immigration Chamber) may take:

If the immigration appeal is allowed, it means that the appellant has been successful in the immigration appeal and the Home Office (if decides not to appeal further) will then take steps to implement the Ld. Immigration judge’s decision. 

If the immigration appeal is dismissed, it means that the appellant has not been successful in his appeal and has a right to seek permission to appeal from the First-Tier Tribunal for an appeal to the Upper Tribunal (UT).

In the third scenario, the Immigration Judge may remit the matter back to the Home Office for a fresh decision.

This will result in the making of a fresh decision by the Home Office and another right of appeal if the refusal decision is maintained for some other reason.

Whatever the decision may be, the Immigration Judge gives a detailed and reasoned decision of the Immigration Appeal, and should that be a dismissal, it needs to be looked into carefully to assess the merits of going further in the appeal process.

Time to Lodge Permission Applications for Appeals to the First Tribunal for Appeal to the Upper Tribunal

Grounds of Permission to Appeal

One has to carefully consider and draft the grounds on which he or she may rely in their permission applications for appeals to the First-Tier Tribunal for Appeal to the Upper Tribunal (Immigration & Asylum Chamber).

The main point here is to identify an error of law in the determination of the Immigration Judge who must have given a detailed and reasoned decision of the appeal.

One has to see whether the Immigration Judge has made a fair decision in the light of the relevant laws, rules or regulations, etc. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

The outcome of the Permission to Appeal Application

The Tribunal will consider the grounds of permission to appeal application carefully and may take one of the following actions:

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing at the Upper Tribunal and both the parties are issued with specific directions for the preparation of the court hearing in the Upper Tribunal.

If the permission to appeal application is refused, the appellant may then directly apply for permission to appeal to the Upper Tribunal.

Court Hearings at the Upper Tribunal

Once permissions are granted, the matter is listed for hearing at the Upper Tribunal and we then prepare for the court hearing, which includes responding to the Rule 24 response of the Home Office, compliance with the directions issued by the Immigration Tribunal, preparing bundle for the hearing and a brief for the counsel.

Here comes the job of the Immigration Barristers once again and we really trust our barristers in arguing the legal flaws in the decision of the First-Tier Tribunal. We have won several Immigration Appeals for our clients.

It is important to prepare the client for the hearing at the Upper Tribunal, advise them on what to expect at the court hearing and how to handle any unexpected questions, etc.

PERMISSION TO APPEAL TO THE UPPER TRIBUNAL (ASYLUM & IMMIGRATION)

Where the Senior Immigration Judge refuses the permission application made to the First-Tier Tribunal for the appeal to the Upper Tribunal, the appellant may take this further and make the permission Application to the Upper Tribunal directly.

Time to Lodge Permission Applications for Appeals to the Upper Tribunal

Grounds of Permission to Appeal Application to Upper Tribunal

One has to carefully consider and draft the grounds on which he or she may rely in their permit application for appeal to the Upper Tribunal (Immigration & Asylum Chamber).

The main point here is to identify an error of law in the determination of the Immigration Judge who must have given a detailed and reasoned decision of the appeal and also in the decision of the First-Tier Tribunal refusing permission application for appeal to the UT.

One has to see whether both the decision-makers have made fair decisions in the light of the relevant law, Rules, and Regulations. It requires a wealth of expertise and experience to draft good grounds in such matters, enhancing the chances of success.

The outcome of the Permission Application to Upper Tribunal Appeal

The Upper Tribunal Judge will consider the grounds of permission to appeal carefully and may take one of the following actions:

If permission to appeal to UT is granted on all or limited grounds, the matter is then scheduled for a court hearing at the Upper Tribunal (Asylum & Immigration Chambers) and both the parties are issued with specific directions for the preparation of the court hearing in the Upper Tribunal.

If the permission is refused then the appellant may apply for permission application to appeal to the Upper Tribunal for an appeal to the Court of Appeal.

If you want to know more about Judicial Review Application Click Here

PERMISSION APPLICATION TO THE UPPER TRIBUNAL FOR APPEAL IN THE COURT OF APPEAL

The immigration appeal process does not stop with the decision of the Upper Tribunal (Asylum & Immigration Chambers).

The aggrieved party may take the matter further to the Court of Appeal. However great caution needs to be taken in order to exercise the right of appeal in the Court of Appeal.

Second Immigration Appeals Test

There is a second appeals test in place which must be met in making the permit application to the Upper Tribunal for appeal in the Court of appeal, as the Court of Appeal will not give permission unless it considers that—

(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Time to Lodge Permission Application to the Upper Tribunal for Appeal to the Court of Appeal

Grounds of Permission Application to the Upper Tribunal for Appeal to the Court of Appeal

One has to carefully consider and draft the grounds on which he may rely in his permit application to the Upper Tribunal (Immigration & Asylum Chamber) for Appeal to the Court of Appeal.

The main point here is to identify an error of law in the decision of the Upper Tribunal Judge who must have given a detailed and reasoned decision of the appeal and also in the decision of the First-Tier Tribunal refusing permission application for appeal to the UT.

One has to see whether both the decision-makers have made fair decisions in the light of the relevant law, rules, or regulations with reference to the decisions of the Upper Tribunal or the higher courts.

It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Outcome of the Permission Applications to the Upper Tribunal for Appeal to the Court of Appeal

The Tribunal will consider the grounds of permission to appeal carefully and may take one of the following actions:

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing in the Court of Appeal and both the parties are issued with specific directions for the preparation of the court hearing in the Court of Appeal.

If the permission is refused then the appellant may then apply for permission application to appeal to the Court of Appeal.

Court Hearings at the Court of Appeal

Once permissions is granted, the matter is listed for hearing at the Court of Appeal and we then prepare for the court hearing, which includes complying with the directions issued by the Court of Appeal, preparing bundle for the hearing and a brief for the counsel.

Here comes the job of the Immigration Barristers once again and we really trust our immigration barristers in arguing the legal flaws in the decision of the Tribunals, and have won several appeals for our clients.

Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare them accordingly.

It is equally important to prepare the client for the hearing at the Court of Appeal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

PERMISSION APPLICATION TO THE COURT OF APPEAL

If the Upper Tribunal refuses the permission to appeal to the Court of Appeal then another permission application may be made directly to the Court of Appeal.

Second Appeals Test

There is a second appeals test in place which must be met in making the permission application in the Court of appeal, as the Court of Appeal will not give permission unless it considers that—

(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Time to Lodge Permission Applications to the Court of Appeal

Grounds of Permission Application to the Court of Appeal

One has to carefully consider and draft the grounds on which he may rely in his permission applications to the Court of Appeal.

The main point here is to identify an error of law in the decision of the Upper Tribunal Judge who must have given a detailed and reasoned decision of the appeal.

One has to see whether the decision makers have made fair decisions in the light of the relevant law, rules or regulations with reference to the decisions of the higher courts.

It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Outcome of the Permission Applications to the Court of Appeal

The Court of Appeal will consider the grounds of permission to appeal carefully and may take one of the following actions:

If permission is granted on all or limited grounds, the matter is then scheduled for a court hearing in the Court of Appeal and both the parties are issued with specific directions for the preparation of the court hearing in the Court of Appeal.

If the permission is refused then the appellant may then apply for an oral hearing for the permission application to appeal to the Court of Appeal.

If the permission is refused totally without merit, that is the end of the appeal process and no further appeal could be brought against that decision.

Court Hearings at the Court of Appeal

Once permissions is granted, the matter is listed for hearing at the Court of Appeal and we then prepare for the court hearing, which includes complying with the directions issued by the Court of Appeal, preparing bundle for the hearing and a brief for the counsel.

Here comes the job of the Immigration Barristers once again and we really trust our immigration barristers in arguing the legal flaws in the decision of the Tribunals, and have won several appeals for our clients.

Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare them accordingly.

It is equally important to prepare the client for the hearing at the Court of Appeal, advising them on what to expect on the court hearing and how to handle any unexpected questions.