Immigration Appeals

In 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.

Our experience and expertise extend to the vast majority of immigration appeals, including but not limited to cases involving:

1. Settlement and non-settlement visa refusals
2. Refusals on the basis of the Points-Based System
3. Appeals against dependent Points-Based System refusals
4. Permission to appeal applications (First-Tier and Upper Tier Tribunal)
5. Bail applications and appeals
6. Formal requests for Home Office case reviews

You’ll 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 outcome.

First Tier Tribunal Appeal before Immigration and Asylum Chamber (IAC)

First 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.

The 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

Should 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 Payable

Standard 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 supplementary evidence.

Specialist Legal Consultancy

Having 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 Solicitors today.

Upper Tier Tribunal Appeal

In 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.

Requirements:

Appeals 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.

Should 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. 

Please 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

Carefully 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.

To ensure fair and accurate consideration of your case should you choose to lodge an appeal, Aristone Solicitors provides the following:

• Comprehensive 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.

For 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.

Appeals 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

The 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:

Typical 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

In 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).

Requirements

An 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 legal error.

Full 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 2013.

An 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 Chamber (IAC).

Simplifying 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 today.

When Your Written Appeal Is Received

Upon 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.

The 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.

This 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

UK 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.

Here 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.

Bail

If 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

If 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.

UK 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.

Where 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

Where 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.

If 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.

The same judge may oversee your subsequent appeal hearing on your immigration status.

Detention and Deportation Appeals

UK 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.

The Requirements:

If 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.

From 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

If 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.

Instances wherein the terms of an individual’s leave to remain in the United Kingdom may be modified include the following:

1. The applicant has a British child who lives in the UK and they have an important role in the life of the child and:
   1. The child is British; or
   1. Has resided continuously in United Kingdom for a minimum of seven years prior to the immigration application; and in both cases
   1. It is neither reasonable or proportionate to force the child to exit the UK; and
   1. The child cannot be cared for by other family members residing legally in the UK
2. The 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 leave; and
   1. 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; and
   1. The applicant’s family life with their partner is complicated by significant issues that would harm their relationship outside the United Kingdom; or
3. The 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.
4. The 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.

Receiving 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 process.

Here 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.

Contact a member of our individual immigration team today to book your obligation-free consultation.