If you or a loved one has been refused a UK immigration visas, you may be wondering whether you have the right of appeal, or how the immigration appeal procedure works. Or if you have not been granted the right to appeal what options will be available to challenge the refusal decision. As a result of changes to the law, an appeal against an immigration decision can only be mounted on certain grounds listed below. In effect the whole tranche of appeal right have been taken away, leaving only human rights or asylum claim with a right of appeal. They are contained in s 84 of NIAA which has been amended by the Immigration Act 2014.
You may be able to appeal if the Home Office/ Entry Clearance Officer have refused your application on the basis of the reasons listed below:
refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
refused your human rights claim
made a decision under the European Economic Area (EEA) Regulations, for example the Home Office has decided to deport you or refused to issue you a residence document
decided to revoke your protection status
decided to take away your British citizenship
A right of appeal is made to the First Tier Immigration Appeal Tribunal, which is an independent body and separate from the Home Office. The right to appeal will be stated on the refusal decision. And it is not easy to discern. Immigration Appeals are heard by an Immigration Judge who will be a lawyer. At the hearing the Home Office will normally be represented by a Presenting Officer, a civil servant who will make the case for the Home Office. The Immigration Appeal Tribunal is divided into two tiers. The First Tier & Upper Tier. The applicant/ sponsor do have the choice of deciding either an oral hearing, where the sponsor and their representatives will be able to attend in person. Alternatively there is the option for a hearing on papers only, where there is no attendance and a decision will be made on the written evidence presented before Tribunal.
In appeal cases the applicant is referred to as the appellant. In Entry clearance applications the relative in the UK is referred to as the sponsor. Certain visas, such has a visit visa no longer have a right of appeal save on the grounds of race discrimination or human rights...
Relevant forms can be downloaded and completed in order to lodge an appeal. First Precedent & Visa Services can assist by preparing the grounds & lodging the appeal. An appeal can be lodged using form IAFT 5 (appealing inside the UK) and form IAFT 6 (appealing against a decision outside the UK) Both forms can be downloaded and submitted online. The reasons for appealing must be set out on the form.
Deadline for appealing to Immigration Appeal Tribunal
The new deadlines are 14 days after being sent the notice of decision if the appellant is in the Uk
28 days after departure where the appellant was in the UK when decision made, but appeal is out of country.
28 days from receipt of the decision in other cases.
Note the distinction between business and calendar days has disappeared. Days are calendar days finishing at midnight.
The full hearing will be scheduled; currently applications are taking about a year to be heard. First Precedent & Visa can advise on submission of evidence, & preparation of court documents which can be critical to the outcome of the appeal. If it is an entry clearance application the appellant overseas will not be able to attend the hearing, but will hopefully be represented by his sponsor in the UK. If an oral hearing is requested, the sponsor along with legal representative, and witness should make arrangements to attend.
If you have been granted a right to appeal, it is very important that you first seek independent immigration advice. Here at First Precedent & Visa Services. We will discuss the merits of your appeal. Whether it’s you or a loved one our Immigration Advisers are on hand to guide you through the process each step of the way.
Or perhaps you are thinking of applying for a visa, but not sure what is the right visa for you. Are you thinking of applying for either a spousal, fiancée or perhaps an unmarried partner visa? Or perhaps you or a loved one has been refused, and need advice and direction. We know the frustrations and anxieties these issues can cause. We will endeavour to apply our skills and expertise meeting your needs and addressing your concerns. Contact First Precedent & Visa Services. Our Immigration Advisers are fully regulated by the OISC to level 3 the highest level. We have helped numerous clients securing a successful outcome to their immigration appeal.