Overview of the UK Immigration Appeals
An immigration appeal may be available where the Home Office has made a decision that carries a legal right of appeal. Depending on the circumstances, appeals can involve protection claims, human rights claims, deportation decisions and certain decisions under the EU Settlement Scheme.
An appeal provides an opportunity for an independent tribunal to consider whether the Home Office decision was correct. The available appeal rights and the deadline for appealing depend on the type of decision and where the applicant is located.
At SWM Solicitors, we provide immigration appeal advice and representation to individuals challenging Home Office decisions. Our immigration solicitors can review the decision, identify the grounds of appeal and assist with preparing the case for the First-tier Tribunal.
When Can You Appeal an Immigration Decision?
Not every immigration decision carries a right of appeal.
The Home Office decision letter should normally explain whether you have a right of appeal and how you can exercise it. Appeals to the First-tier Tribunal may be available in certain cases, including refused protection claims, human rights claims, deportation decisions and some EU Settlement Scheme decisions.
Where there is no right of appeal, another remedy such as an administrative review or judicial review may potentially be available, depending on the decision.
Immigration Appeal Time Limits
Appeal deadlines are important.
For appeals made from within the UK, the current deadline is generally 14 days from the date the decision letter is received. Where the appeal is made from outside the UK, the general deadline is 28 days. Different rules can apply depending on the circumstances.
If an appeal is submitted late, the applicant normally needs to explain the reasons for the delay. The tribunal will decide whether it can accept the late appeal.
Preparing an Immigration Appeal
An appeal should address the reasons why the Home Office decision is being challenged.
This may involve reviewing:
- The Home Office decision letter
- The original application
- Supporting documents
- Previous immigration history
- Reasons given for refusal
- Credibility findings
- Relevant Immigration Rules
- Human rights considerations
- New or updated evidence
The appeal should present the relevant facts and legal arguments clearly rather than simply repeating the original application.
Evidence for an Appeal
Additional evidence may sometimes be important to an appeal.
Depending on the case, this could include:
- Identity documents
- Family evidence
- Financial documents
- Medical evidence
- Employment evidence
- Immigration records
- Witness statements
- Expert evidence
- Country information
- Evidence addressing concerns raised in the refusal
The appropriate evidence depends on the nature of the appeal.
Immigration Tribunal Hearings
Many appeals are dealt with by the First-tier Tribunal (Immigration and Asylum Chamber).
An appellant may request an oral hearing, although in some cases the Tribunal may decide the appeal based on the written evidence and submissions. The appellant can indicate their preference for a hearing when submitting the appeal.
Where there is a hearing, the appellant may be required to give evidence and answer questions.
Appealing to the Upper Tribunal
If the First-tier Tribunal dismisses an appeal, it may be possible to seek permission to appeal to the Upper Tribunal.
However, an appeal to the Upper Tribunal is generally concerned with whether the First-tier Tribunal made a material error of law, rather than simply disagreeing with the factual outcome.
Examples can include the tribunal applying the wrong legal test, failing to follow a required procedure or reaching a decision without adequate evidential basis.
If Your Immigration Appeal Is Dismissed
A dismissed appeal does not necessarily mean that there are no further options.
Depending on the circumstances, it may be possible to apply for permission to appeal to the Upper Tribunal, make further submissions or consider another immigration route.
The appropriate option depends on the decision and the applicant’s circumstances.
How We Can Help
SWM Solicitors can assist with:
- Reviewing immigration refusal decisions
- Assessing appeal rights
- Preparing grounds of appeal
- Preparing supporting evidence
- Preparing witness statements
- Preparing written submissions
- Representing clients at tribunal hearings
- Advising on Upper Tribunal appeals
- Considering alternative options following dismissal
We can review the decision and explain whether an appeal or another form of challenge may be appropriate.