Immigration Appeals

UK Immigration Appeals

Appealing for a UK visa refusal can be complex and challenging. At Legal Pathway Solicitors, our experienced immigration solicitors can help you appeal against the decision if your application for entry clearance, further leave to remain, settlement, spouse/marriage visa, child visa, or human rights visa in the UK has been refused by the Home Office.

What is an Immigration Appeal?

An appeal is a formal legal challenge to the decision made by the Home Office against your immigration application. If your application is refused, you may reserve the right to appeal against that decision or make another application with further supporting evidence. An appeal is a formal request to a court judge to overturn the Home Office decision by reviewing your application. If you are filing an appeal against the Home Office, the first-tier tribunal is the first court you can access.

Do I Have a Right of Appeal?

It is important to note that not all decisions made by the Home Office can be challenged and put up to the court as an appeal. You only have a right to appeal where a decision has been made to either:

  • A claim for international protection, i.e., Asylum claim.
  • Human rights claim.
  • Revoke protection status.

Time Limit to Apply for Appeal

If you are appealing from inside the UK, you must file it within 14 days of receiving the notice of your application refusal by the Home Office. However, if you are appealing outside the UK, you must file the appeal within 28 days of receiving the Home Office’s refusal decision.

If you miss the deadline for the appeal, you may still apply for it as an “out of time” appeal, but it would require you to provide a valid reason for doing so and explain this to the Tribunal so that the Tribunal does not refuse to consider your appeal.

Grounds for Appeal

You must state the grounds you rely on when applying for the appeal. These are the legal reasons and basis for your appeal and are mentioned below:

  • Your removal or the revocation of your protection status would breach the UK’s obligations under the Refugee Convention under Humanitarian Protection or Human Rights Act.
  • A decision made by the Home Office is unlawful under the Human Rights Act.

No Right of Appeal

If you do not have the right of appeal, you may be able to apply for an administrative review from the Home Office. However, only certain types of applications allow an administrative review if refused. Please read more about the administrative review for details.

If you do not have the right of appeal, you may wish to consider whether a judicial review is possible in your situation. Please note that a judicial review is not the same as an appeal – an appeal looks substantively at the issues of your case, while a judicial review looks only at how the decision on your case was made.

    Testimonials
    From Our Clients
    belinda kuagbelabelinda kuagbela
    22:59 15 Apr 24
    Syed DibaSyed Diba
    12:53 07 Feb 24
    Romana Kousar is a experienced solicitor who helped me alot and guided me for my immigration matter. I will still be facing difficulties if i did not have her as my lawyer. I recommend everyone to come to her.
    Farhana RahmanFarhana Rahman
    18:07 06 Feb 24
    The staff were very helpful in arranging a quick advice appointment. On arrival they were friendly and Romana reviewed our case thoroughly, provided us with vaulable advice and many options. We felt relieved that we had a positive case as we were stressing over a sponsorship visa. Highly recommend Legal pathway solicitors as they are very helpful and professional.
    Rabia AliRabia Ali
    13:34 16 Aug 23
    I am so happy today as I got good news for my case! First I did not know what to do and things were difficult for me. I had been to many lawyers. Then finally met a trustworthy solicitor Romana Kousar who really helped me so much. I can not thank her enough for what she has done for me. I will always recommend her.
    Faheem GhaznaviFaheem Ghaznavi
    10:15 22 Jul 23
    All i want to say is how knowledgable and helpful person Romana is. She handled my file and always gave me good advice. She always listened to my problems. I was in a messy situation. I am so glad someone recommended me to her. Well done Romana keep doing hard work.
    Sumera AhmadSumera Ahmad
    09:16 22 Jul 23
    Excellent Solicitor Romana. We got high standard care on our court case. She helped me win in court. She made communication easy and everything was clear for me.
    belinda kuagbelabelinda kuagbela
    22:59 15 Apr 24
    Syed DibaSyed Diba
    12:53 07 Feb 24
    Romana Kousar is a experienced solicitor who helped me alot and guided me for my immigration matter. I will still be facing difficulties if i did not have her as my lawyer. I recommend everyone to come to her.
    Farhana RahmanFarhana Rahman
    18:07 06 Feb 24
    The staff were very helpful in arranging a quick advice appointment. On arrival they were friendly and Romana reviewed our case thoroughly, provided us with vaulable advice and many options. We felt relieved that we had a positive case as we were stressing over a sponsorship visa. Highly recommend Legal pathway solicitors as they are very helpful and professional.
    Rabia AliRabia Ali
    13:34 16 Aug 23
    I am so happy today as I got good news for my case! First I did not know what to do and things were difficult for me. I had been to many lawyers. Then finally met a trustworthy solicitor Romana Kousar who really helped me so much. I can not thank her enough for what she has done for me. I will always recommend her.
    Faheem GhaznaviFaheem Ghaznavi
    10:15 22 Jul 23
    All i want to say is how knowledgable and helpful person Romana is. She handled my file and always gave me good advice. She always listened to my problems. I was in a messy situation. I am so glad someone recommended me to her. Well done Romana keep doing hard work.
    Sumera AhmadSumera Ahmad
    09:16 22 Jul 23
    Excellent Solicitor Romana. We got high standard care on our court case. She helped me win in court. She made communication easy and everything was clear for me.
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