the event that your individual immigration application is rejected, you may
have the legal right to lodge a formal appeal. Here at Aristone Solicitors, we
can provide the expert support and consultancy you need to understand your
position and choose the most appropriate course of action. Should you choose to
appeal against your application’s rejection, we’ll ensure your case is
presented as strongly as possible and backed by all appropriate evidence and
documentation. Organise your obligation-free consultation today with one of our
experts – we’re standing by to take your call.
experience and expertise extend to the vast majority of immigration appeals,
including but not limited to cases involving:
and non-settlement visa refusals
on the basis of the Points-Based System
against dependent Points-Based System refusals
to appeal applications (First-Tier and Upper Tier Tribunal)
applications and appeals
requests for Home Office case reviews
find further information on the immigration appeal process detailed below,
though we invite you to consult with a member of our legal team to discuss your
case at the earliest possible juncture. However complex or challenging your
situation may be, we’ll do everything we can to ensure a prompt and agreeable
First Tier Tribunal Appeal before Immigration and
Asylum Chamber (IAC)
Tier Tribunal Appeals involve bringing your case before an independent
immigration judge, who will listen to arguments from both the applicant and
their prospective/current partner accordingly. They will also carefully
consider all supplementary evidence and documentation brought to the hearing,
in order to reach a logical and objective position. It is the responsibility of
the applicant requesting the hearing to prove their case beyond reasonable
doubt. If the judge believes that the applicant’s case is indeed valid and
complies with current UK immigration legislation, they will rule in their
favour and the application’s rejection will be overturned.
legal representation you’re provided with as part of your First Tier Tribunal appeal
could prove instrumental in facilitating a positive outcome.
If Your IAC Appeal Is Successful
the judge decide to rule in your favour, this means that the decision to reject
your application on the part of the Entry Clearance Office will be overruled
and reversed. This is usually formalised within four weeks, during which time
you will be contacted by the Home Office and issued your UK visa accordingly.
fees are payable for IAC appeals, which at the moment stand at £140 for a full
oral appeal and £80 for a written appeal. In the case of the latter, the
applicant is not able to present their case directly in front of a judge, but
instead communicates all information by way of written documentation and
Specialist Legal Consultancy
assisted with dozens of successful individual immigration appeals, Aristone
Solicitors knows how to present compelling and confident arguments to support
our clients’ cases. We perform on a higher level than comparable legal
specialists in and around Luton, providing clients with the tailored support
they need to suit their requirements and their budget. For more information or
to discuss your case in more detail, contact a member of the team at Aristone
Upper Tier Tribunal Appeal
the event that your initial IAC appeal is unsuccessful, you are legally
entitled to appeal once again in the form of a written appeal. If the initial
decision is upheld and your written appeal is denied, you can request the
further right to appeal by asking the Upper Tier Tribunal.
to the Upper Tier Tribunal are considered by more experienced immigration
judges. The applicant requests permission for their case to be brought before
the courts and considered once again, on the grounds that an error of law has
resulted in the unfair refusal of their application.
you wish to go ahead with an Upper Tier Tribunal Appeal, the application must
be submitted no later than five days following the First-Tier Tribunal’s
rejection of your application. In the case of fast track processes for asylum
applications, the deadline is two working days, or 28 days where the applicant
is applying from overseas.
be advised that Upper Tier Tribunal Appeals are not lodged against the initial
decision to reject your application in the prior appeal, but to argue that a
legal error was made during the oral hearing on the part of the first judge.
Immigration Appeals Lawyers in Luton
analysing all aspects of an immigration application following a judge’s refusal
is a time-consuming process. There are instances where a clear error in the
judge’s ruling can be identified, but in most cases we must consider all
aspects of both the application and the reasons for its rejection.
ensure fair and accurate consideration of your case should you choose to lodge
an appeal, Aristone Solicitors provides the following:
consideration and analysis of your original application and the content of the
appeal, in order to identify discrepancies or areas for improvement.
- Support with the
procurement of the documentation and supplementary evidence needed to support
your case, along with a full review of all such documentation.
- Advice on how to proceed
should the documentation fails to meet all formal requirements.
- Detailed insights as to
the strengths and weaknesses of your initial application, the reasons for its
rejection and the options you may wish to explore.
- Preparation of an
in-depth legal text to support your application and strengthen your appeal –
including a professional cover letter and introduction.
- Submission of your
application and communication with the first-tier tribunal, along with all
subsequent work involved in formally arguing your case.
more information on any of the services we provide or to discuss your
requirements in more detail, contact the individual immigration team at
Aristone Solicitors today.
to Upper Tier Tribunal when Permission is Granted
If you submit an application to take your appeal to
the Upper Tier Tribunal, it will be carefully considered
by an independent immigration judge. They may rule out the case is not open for
reconsideration, or agree that the case should be considered once again by a
more senior immigration judge. This Upper Tier Tribunal focuses on whether a
specific error of law was made on the part of the original immigration judge. This
does not amount to a further opportunity for your entire case to be reheard,
but nonetheless ensures a senior judge reconsiders the validity of your
argument to support your initial application.
In the event that an error is detected and
recognised by the senior judge, they will request a new
hearing for the case. They may order a full rehearing of the entire case, or
specify which aspects of the case may or may not be reconsidered. In most
instances, the subsequent hearing occurs on the same day the senior judge makes
their decision. It’s also possible for cases to be referred back to the First
Tier Tribunal for reconsideration.
Upper Tier Tribunal Representation
importance of confident and competent Upper Tier Tribunal representation cannot
be overstated. At Aristone Solicitors, we go the extra mile to ensure every
client’s case is presented as compellingly and convincingly as possible:
services provided as part of our Upper Tier Tribunal support include:
- Careful analysis of all
formal documentation and supplementary evidence required to support your
application and your appeal.
- Identification of your
appeal’s strengths, weaknesses and areas for improvement.
- Where appropriate, the
preparation and procurement of additional documentation and evidence for
submission to the Upper Tier Tribunal.
- Drafting of applicable
laws and legal arguments that will form the basis of the appeal to be brought
to the Upper Tier Tribunal.
- Commissioning and
collection of witness statements from the applicant and other witnesses to
further support the appeal.
- Complete representation
before the Upper Tier Tribunal including detailed legal arguments, cross
examinations and closing speeches.
Entry Clearance Appeal
the event of an unsuccessful non Points-Based System visa application, you are
legally entitled to lodge a formal appeal. This legal entitlement is not
restricted to Section 84(1)(b) and (c) of the Nationality, Immigration and
Asylum Act 2002. Should your written appeal by rejected, you will be able to
take your appeal to the Immigration and Asylum Chamber (IAC).
application’s rejection will result in the issuing of a Reasons for Refusal
letter, also known as a Notice of Immigration Decision. This formal
notification also indicates the respective applicant’s right to appeal. There
are typically no formal restrictions on the unsuccessful applicant’s right to
appeal, which means they can argue that the Entry Clearance Officer has made a
right to appeal is granted in the case of the following visa applications:
- Children, partners and
qualifying dependants of settled individuals or British citizens, who wish to
enter the United Kingdom and obtain settled status.
- Individuals who wish to
visit family members in the UK and submitted their applications prior to 25th June
IAFT-2 appeal form is issued as standard with the notification of
rejection. If the applicant wishes to go
ahead with an appeal, a fee of £140 is payable per applicant and the appeal
must be formally lodged within 28 days of the refusal. The appeal fee is
reduced to £80 for a strictly paper-based hearing, though this excludes the
possibility of arguing your case orally in front of the Immigration and Asylum
the appeals process for the benefit of our clients, Aristone Solicitors can
complete and submit all complex paperwork on your behalf. Together, we’ll
create a compelling legal argument to support your case and maximise the
likelihood of the Entry Clearance Officer overturning their initial decision. Our
experienced legal team will ensure your appeal is supported with the strongest
documentation possible to strengthen your appeal. For more information or to
discuss your case in more detail, contact a member of the team at Aristone Solicitors
When Your Written Appeal Is Received
receipt of your written appeal, you will be issued a notice of pending appeal
by the First-tier Tribunal, which will indicate the deadline for a decision to
be made. This notice will only be issued once the applicable fees have been
paid on the part of the applicant.
Entry Clearance Manager will then formally review the appeal, which in the case
of their satisfaction with the evidence and arguments provided will result in
the initial decision being overturned. Your visa will then be issued
immediately. Should they be dissatisfied with the evidence and arguments
presented in the written appeal, you will be sent a Notice of Hearing
confirming that your case will be brought before the First Tier Tribunal.
decision will once again be scrutinised by an Entry Clearance Manager at the
Visa office, who may decide that the evidence provided is indeed sufficient and
issue your visa respectively.
In-Country Visa Refusal Appeal
visa applications are analysed and scrutinised at a variety of levels on their
way to being granted or rejected. Immigration Judges, Entry Clearance Officers,
Secretary of State, the UKBA – a complex hierarchy of decision-makers that
routinely make mistakes. Rather than simply accepting your application’s
rejection, it is essential to present your case as strongly as possible before
the relevant authorities. The right to apply provides unsuccessful applicants
with the invaluable opportunity to create a compelling and thoughtful argument
to support their case and ensure it is heard by a senior decision-maker.
at Aristone Solicitors, we work hard to simplify all initial visa application
and subsequent appeal processes for the benefit of our clients. We’ll carefully
analyse your situation and every aspect of your unsuccessful application, in
order to pinpoint areas for improvement and further its credibility with
relevant documentation. Our legal services are tailored to meet the
requirements and budgets of each client individually – call today for more information.
an individual is placed in immigration detention, an application can be
submitted to an immigration judge or a Chief Immigration Officer to be granted
immigration detention bail.
Bail Applications to Chief Immigration Officers
you wish to apply for immigration detention bail, it’s important to first
consider the reason for your detention and justification for your release. Verbal
requests for bail may be submitted, after which a formal application to a Chief
Immigration Officer can be made if the verbal request is unsuccessful.
law states that every application for immigration detention bail must be
reviewed by the Home Office. This provides the opportunity to bring important
factors to the attention of decision-makers, which may include family issues,
health problems and so on.
applications for immigration detention bail are successful, it’s normal for
conditions to be imposed on the individual’s release. They may be required to
report to an immigration official or police station on a regular basis, or
reside at a specific address for the duration of their bail.
Bail Application to an Immigration Judge
a request for temporary release/bail is rejected by the Home Office, you can
choose to take your appeal directly to an Asylum and Immigration Tribunal.
the Home Office refuses to grant you temporary release or bail, you may
have a right to apply for bail to an immigration judge at an Asylum and
Immigration Tribunal. It’s then up to an immigration judge to decide whether
you should be released or detained – bail again being granted in accordance
with certain conditions.
same judge may oversee your subsequent appeal hearing on your immigration
Detention and Deportation Appeals
law regarding detention and deportation has changed over recent years, though
the basics governing right to appeal remain the same. In the vast majority of
instances, individuals who receive notice of intention to deport are legally
entitled to appeal.
you wish to appeal a notice of intention to deport, you must do so no later
than five working days after receiving the notice. If your appeal is submitted
with the required documentation and within the deadline, it will be passed to
the Immigration and Asylum Chamber where it will await consideration by an
independent immigration judge of a First-Tier Tribunal. A decision will
subsequently be made as to whether or not the deportation can go ahead legally.
the moment a notice of intention to deport is received, it is essential for the
applicant to carefully consider the key points of their appeal. Primarily, why
they are unable to be returned to their home country if seeking refugee status
in the United Kingdom. The UK is bound by the terms of the Refugee Convention,
or the European Convention of Human Rights, to grant entry to refugees who
cannot safely return to their home countries. If your application falls outside
the terms of the convention, you must convince UK authorities that the
circumstances of your request/requirement to stay in the UK outweigh the public
interest in deporting you.
If Your Appeal is Successful
your appeal is accepted on the grounds that to deport you would breach the
terms of the European Convention of Human Rights, a maximum of 30 months of
leave to remain will be granted. Additional terms and conditions may apply
during this period of leave, in accordance with the findings/rulings of the
immigration judge and/or Secretary of State.
wherein the terms of an individual’s leave to remain in the United Kingdom may
be modified include the following:
applicant has a British child who lives in the UK and they have an important
role in the life of the child and:
- The child is British; or
- Has resided continuously
in United Kingdom for a minimum of seven years prior to the immigration
application; and in both cases
- It is neither reasonable
or proportionate to force the child to exit the UK; and
- The child cannot be cared
for by other family members residing legally in the UK
applicant has a genuine and provable relationship with a settled individual in
the UK, a British citizen or a person with humanitarian protection or refugee
- The applicant has resided
legally in the United Kingdom for a minimum of 15 consecutive years prior to
the deportation decision being made, minus any amount of time spent in prison;
- The applicant’s family
life with their partner is complicated by significant issues that would harm
their relationship outside the United Kingdom; or
applicant has resided legally in the United Kingdom for a minimum of 20 years
prior to the deportation notice being issued (not including time spent in
prison) and they have no cultural, social or family ties to their home country.
applicant is under 25 years of age and has resided in the United Kingdom for at
least half of their life continuously prior to the immigration decision being
reached. Once again, the applicant must have no strong social, cultural or
family ties to their home country and the minimum required residency in the UK
does not include imprisonment.
notice of intention to deport can be both daunting and distressing. The resulting appeals process could have a
marked impact on your future, though is likewise a complex and challenging
at Aristone Solicitors, we can provide the expert legal support you need to
ensure your case is fairly considered. However difficult your current situation
may be, we’ll help you build an understanding of the options available and how
best to proceed.
a member of our individual immigration team today to book your obligation-free