Appeal Rights

What is immigration appeal?

If the Home Office has refused your;

  • Visa application,
  • Application for leave to remain or extension,
  • Asylum and human rights claim,
  • EEA family permit or residence card,
  • Any other application for leave to remain.

OR the Home Office has decided to;

  • Revoke your leave to remain,
  • Revoke your British citizenship,
  • To deport or remove you or your family member from the UK.

You might be able to challenge such decision to the First-tier Tribunal of Immigration and Asylum Chamber. The decision of First tier-Tribunal can be challenged to the Upper Tribunal by way of application for permission to appeal. Usually, your application refusal decision will tell you if you have right to appeal the Home office decision.

Administrative Review

In case you do not have the right to appeal the refusal of your immigration application, you might be able to ask the Home Office for an administrative review. Your refusal letter should explain if you can.

Reconsideration Request

You might be able to ask the Home Office for the refusal decision on your visa or immigration application to be reviewed if you applied in the UK.

  • You can make a reconsideration request to the Home Office if you believe immigration rules or policies weren’t followed correctly when the decision was made.
  • You can only make a request if you applied in the UK.
  • You can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.
  • Your decision letter will usually tell you if you have either of these rights.

Time Limit

If you have right of appeal or administrative review, it must be filed within certain time limit. If you have missed your deadline it may be possible to request an extension but extension request is not granted without strong reasons.

To be clear about your appeal rights and the strict time limits which apply, take advice early.

How can we help you?

  • Expert advice on contents of refusal decision and consider whether alternative options would be more beneficial for you.
  • Advising on your appeal right, relevant immigration rules and policies and relevant court decisions.
  • Drafting grounds of appeal or applications for permission to appeal.
  • Drafting your witness statements, legal submissions in support of an appeal.
  • Expert advice as to supporting documentary evidence for your appeal.
  • We can present your at appeal hearings or instruct a barrister if you prefer throughout the UK.
  • We can advise you on fresh application or Judicial Review if you are not give right to appeal.
  • We can discuss and advise your further legal rights if you have exhausted your appeal rights.
  • We can work on fixed fee basis, no hidden costs and no surprises.
If you would like to know more about any of these areas of law, simply call us on 0161 835 1607 or complete our online enquiry form.