How to appeal an immigration decision?

Applying for immigration can be extremely frustrating and worrying, especially when you do not have adequate knowledge of the UK immigration appeals procedure and the Judicial Review process.

The Home Office has refused lots of people their visa application, but the good news is that it’s not the end to your immigration dreams. You can either appeal that decision or make another application with more supporting evidence.

This post will reveal certain things you should know to challenge the Home Office decision successfully. 

Although you can appeal the immigration decision, your rights to appeal may be limited according to the Immigration Act 2014. This is why applicants must seek specialist UK immigration advice from a well-qualified UK immigration solicitor.

Can I appeal an immigration decision?

To appeal to the tribunal, you must have the legal right to do so. The Home Office will notify you of your right to appeal in your decision letter. Your option to challenge the Home Office’s decision depends on the type of application you have submitted.

When you go through professional solicitors, they will thoroughly analyse your refusal letter and advise you on the best option. In other words, depending on your application, you may be advised to do one of the following:

• Apply for an Administrative Review.
• Appeal the decision to the First-tier Tribunal.
• Apply to review the Home Office immigration decision judicially.

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Administrative Review

An administrative review is a way of challenging the decision of the Home Office if your immigration application has been refused. This review allows you to challenge errors or mistakes made by the Home Office.

The Home Office will review your application. You should note that you cannot submit any new information to challenge the decision or fulfil the shortcomings at the time of the application.

The process of review differs depending on whether you’re outside or inside of the UK.

If you’re outside the UK

You can only apply for the administrative review when you fulfil these conditions:

• Your visa application was refused on/or after 6th April 2015.
• You are based outside the UK and applied from there.
• You have no Right of Appeal against the refusal.
• You didn’t make an application for a visitor visa or a short-term student visa.

You can apply for an administrative review within 28 days of getting the refusal decision. The decision will be reviewed for any error in the review application.

If you’re applying for administrative review from inside the UK

You must do so within 14 days of getting the decision. The cost of this process is £80, and you must explain with full reasons why you believe the decision is wrong.

The result of the review will be sent to you within 28 days. You cannot have a second Administrative Review, except the result included new reasons why you were refused a UK visa. You will not be removed from the UK until the result of the Administrative Review has been decided upon.

Appealing to the first-tier tribunal

Tribunals are independent and completely separate from the benefit or tax credit office that made the decision you are appealing against.

The First-Tier Tribunal has to do with the appeals against decisions made by the Home Office concerning permission to stay in the UK.

A tribunal is usually done in writing after the appeal, although it may also make a decision orally at the hearing.

The tribunal will inform you of your hearing date after you’ve submitted your appeal. You can appeal to the first-tier tribunal if the Home Office has refused your application based on the following:

• Asylum or humanitarian protection.
• Human Rights claim.
• Revoked refugee or humanitarian protection status.

In case the immigration Judge dismisses the appeal, you can make an application for permission to appeal to the Upper Tribunal. This is only possible if the Judge made a mistake in the manner in which he/she applied the law. 

These errors could be that the Judge made a mistake about the meaning of the Immigration Rules, did not follow a higher court’s binding decision, or the First-Tier Tribunal overlooked a shred of significant evidence or even made a decision when there was no evidence.

In that case, you must show what the error is, how it applies to your case, and why this made a significant difference to your case. 

When making a bid for permission to apply to the Upper Tribunal, ensure that you receive expert advice in identifying the error of law.

If your permission to appeal further is granted, then your case will be transferred to the Upper Tribunal.

Upper Tier Tribunal Decisions

The Upper Tribunal handles appeals against decisions made by the First Tier Tribunal that has to do with visa applications, asylum applications, and the right to enter or remain in the UK.

Before you apply for the upper-tier tribunal, you need to seek permission by using Form IAFT4. If you are in the UK, your application for permission must be submitted within 14 days of the written dismissal date of your appeal, and 28 days if you are outside the UK. Currently, appealing to the upper-tier tribunal is free.

Applying for Judicial Review

In case your permission is refused, you may apply for Judicial Review of the refusal of permission to appeal to the Upper Tribunal. Decisions taken by the UK Visas and immigration can only be reviewed if there is:

• Unfairness.
• Illegality.
• Irrationality.

The court application and process of applying for a judicial review are entirely different from appealing to the First-tier Tribunal.

When you apply for a judicial review, the Judge can only review whether the Home Office decision was lawful, irrational, or unfair. 

Appealing an immigration decision can be very tasking, and you must be swift in making the correct application under the appeal deadlines. 

This is why it is very crucial to seek the legal advice of professionals who will present your appeal in a way that makes your immigration dreams stand the best chances of success.

Contact an immigration solicitor to revive your immigration dreams immediately.