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Immigration Appeals

Home » Immigration » Immigration Appeals

Appeals

UK Visa and Immigration Appeals

Expert Representation for Challenging Home Office Refusals

When your UK visa or immigration application has been refused, our specialist appeals solicitors can help you challenge the decision effectively. With extensive First-tier and Upper Tribunal experience, we navigate complex appeal procedures to overturn incorrect Home Office decisions and secure your right to remain in the UK. Contact us today: 0203 909 8399 | Book a Consultation

Understanding Immigration Appeals

Immigration appeals are formal challenges to Home Office decisions through the independent Immigration and Asylum Chamber. Unlike judicial review, appeals allow the Tribunal to examine both the merits of your case and the Home Office’s reasoning, potentially replacing the original decision with a new one.

Appeal Rights and Limitations

The Immigration Act 2014 significantly restricted appeal rights to these grounds only:
  • Refusal of protection claim (asylum/humanitarian protection)
  • Refusal of human rights claim
  • Revocation of protection status
  • EU Settlement Scheme decisions
Most standard visa refusals now require administrative review instead of appeal, making it crucial to identify when appeal rights exist.

Types of Immigration Appeals

Human Rights Appeals

  • Article 8 family and private life
  • Parent of British child cases
  • Partner and spouse visa refusals
  • Adult dependent relative refusals

Protection Appeals

  • Asylum refusals
  • Humanitarian protection
  • Refugee status revocation
  • Article 3 ECHR claims

EU Settlement Scheme Appeals

  • Pre-settled status refusals
  • Settled status refusals
  • Family permit denials
  • Derivative rights cases

The Appeals Process

Notice of Appeal

  • 14-day deadline (in-country)
  • 28-day deadline (out-of-country)
  • Grounds of appeal preparation
  • Fee payment (£80-£140)

Case Management

  • Directions from the Tribunal
  • Evidence bundle preparation
  • Home Office bundle review
  • Witness statements

Hearing Preparation

  • Skeleton argument drafting
  • Expert evidence commissioning
  • Country information research
  • Legal precedent analysis

Tribunal Hearing

  • Oral evidence presentation
  • Cross-examination
  • Legal submissions
  • Determination (usually reserved)

Appeal Success Factors

Successful appeals typically depend on:
  • Comprehensive evidence addressing refusal reasons
  • Expert testimony supporting key claims
  • Clear legal arguments applying relevant case law
  • Credible witness testimony from appellant and others
  • Thorough preparation anticipating Home Office positions

Our Appeals Service

We provide end-to-end appeals representation including:
  • Initial assessment of appeal merits
  • Strategic advice on evidence gathering
  • Professional witness statement preparation
  • Expert report commissioning
  • Comprehensive bundle preparation
  • Full Tribunal representation
  • Post-determination advice

Appealing Further: Upper Tribunal

If your First-tier Tribunal appeal is dismissed, you may have grounds to appeal to the Upper Tribunal if the judge made an error of law. Our services include:
  • Error of law analysis
  • Permission to appeal applications
  • Upper Tribunal representations
  • Onward appeals to higher courts

Out-of-Country Appeals

Recent legislation has expanded “deport first, appeal later” provisions. We handle complex out-of-country appeals through:
  • Video link evidence arrangements
  • Local representative coordination
  • Return preparations upon success
  • Entry clearance facilitation

Appeal Timeframes and Costs

  • First-tier Tribunal: 6-9 months from submission to hearing
  • Upper Tribunal: Additional 6-12 months if required
  • Fixed fee packages available for each stage
  • Legal Aid available for qualifying asylum/protection cases

Why Choose Our Appeals Service

  • 85%+ success rate in represented appeals
  • Former Immigration Judges as consultants
  • Country-specific expertise for asylum cases
  • In-house expert witness network
  • Direct Higher Rights advocacy
  • Precedent-setting cases experience

Next Steps

If you’ve received a refusal with a right of appeal, urgent action is required due to strict deadlines. Contact us immediately to assess your options and begin preparation for a robust appeal. Call 0203 909 8399 or Book Online for expert appeals advice.

Frequently Asked Questions

Can all immigration refusals be appealed?

No, only decisions involving human rights, protection claims, or EU rights carry appeal rights. Other refusals typically require administrative review or fresh applications.

What happens if I miss the appeal deadline?

You must apply for an extension with compelling reasons for the late submission. This is discretionary, and the Tribunal often refuses out-of-time appeals.

Can I submit new evidence that wasn’t in my original application?

Yes, the Tribunal considers appeals “de novo” (afresh), allowing new evidence. However, the Home Office may question why it wasn’t submitted originally.

Do I need to attend my appeal hearing?

While not always mandatory, personal attendance significantly increases success rates as judges assess credibility through direct questioning.

How likely am I to win my appeal?

Success rates vary by case type. Overall, represented appellants succeed in approximately 50% of appeals, though our firm’s success rate exceeds 85% for fully prepared cases.

What if I need to travel during my appeal?

Leaving the UK during a pending appeal can invalidate your case unless you have specific permission from the Tribunal, making travel advice essential.
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Connaughts is the trading name of Connaught Law Limited, a company registered in England and Wales (Company No. 10595036). This firm is regulated by the Solicitors Regulation Authority.