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 Immigration Solicitors 4me 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.
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 Immigration Solicitors 4me 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.
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 maintained;
- c. The appeal is remitted back to the First-Tier Tribunal for a rehearing on some or all points.
1. TMC Solicitors is fully SRA regulated law firm. It has a client base all over the UK and the world.
2. Professionalism and client care are our core attributes leading to numerous happy clients
3. Our success rate is over 98% owing to the expertise and thoroughness of our legal staff
4. Our legal approach is very pragmatic and realistic and we offer our client assurance of best legal advice
5. We are accessible 24/7 in case of any emergency, detention or deportation, refusal of entry at airports
6. We offer legal and professional services with minimum disruption in our client routine of life. We don’t make client travel we deal with client issues over the phone
7. We have specialised client coordinators to deal with initial free assessments and they are very passionate about their work
8. We have bilingual staff and we give client the comport of discussing their legal matters with some one very close and understanding