Visa Information, Visa Requirements, Visa Application Guidelines, Immigration Rules and Inquiry

Sunday, 28 June 2015

How to appeal a UK Visa Refusal or Immigration Decision

You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
  • refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
  • refused your human rights claim
  • made a decision under the European Economic Area (EEA) Regulations, eg the Home Office has decided to deport you or refused to issue you a residence document
  • decided to revoke your protection status
  • decided to take away your British citizenship
You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submitted before 6 April 2015.


The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

You might be able to ask the Home Office for an administrative review if you don’t have the right to appeal.

Contact the tribunal if you have any questions about your appeal. NOTE: The tribunal can’t give you legal advice.

First-tier Tribunal (Immigration and Asylum Chamber)
customer.service@hmcts.gsi.gov.uk
Telephone: 0300 123 1711
Monday to Friday, 8:30am to 5pm

 

How to Appeal from within the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

Talk to a solicitor or a immigration adviser if you’re not sure.
Your decision letter will tell you if you can apply for an administrative review if you don’t have the right to appeal.
You normally have 14 days to appeal after the date of your decision, unless your appeal is under the ‘detained fast track’ process which has a deadline of 2 working days.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply ONLINE if you can - online appeals are quicker than post or fax appeals.

If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Oral hearing

You can ask on your appeal form for a decision to be made either:
  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that you or your representative can attend
The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case and invited to attend.

If the tribunal doesn’t hold a hearing, a judge will decide your case based on your appeal form and the documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, eg a public hearing would put you in danger.

You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.

Fees:

  • £80 without a hearing
  • £140 with a hearing
You may not have to pay if you’re getting:
  • asylum support
  • legal aid
  • services from your local council and you’re under 18

How to Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.

If you’ve been refused a tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review - your refusal letter will tell you if you can.

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Apply ONLINE if you can - online appeals are quicker than post or fax appeals.


If you’re appealing by post or fax, download and fill in the relevant form. Send or fax it with copies of the documents that support your appeal to the address on the form.

Oral hearing

You can ask on your appeal form for a decision to be made either:
  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that your representatives can attend
The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case.

If the tribunal doesn’t hold a hearing, a judge will decide your case based on your appeal form and documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, eg a public hearing would put you in danger.

You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.

Fees:

  • £80 without a hearing
  • £140 with a hearing


Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

Tier 1, 2 or 5 migrants and family members

You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Tier 4 migrants and family members

You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Other decisions

You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date.

You can only do this if the Home Office’s decision didn’t include refusing an asylum or human rights claim.

Leave to enter

You can appeal online if your application for leave to enter was refused. You can also appeal by post or fax.

Vary your leave to enter or remain

You can appeal online if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Entry clearance

You can appeal online if your application for entry clearance was refused. You can also appeal by post or fax.

Certificate of entitlement

You can appeal online if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused. You can also appeal by post or fax.


If there's a hearing

You’ll get a letter with details of where to go for your hearing.

If you can’t attend yourself you can ask someone to represent you and ask witnesses to attend.
You may have to give evidence at the hearing and answer questions.

You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.

The hearing will be attended by:
  • a judge or judges, sometimes with other tribunal members
  • your representative, if you have one
  • any witnesses called to give evidence
  • an interpreter, if you’ve asked for one
It can also be attended by:
  • a Home Office ‘presenting officer’
  • your sponsor, if you have one

If your appeal can’t be resolved at the hearing

If your appeal isn’t held on its scheduled day for any reason (eg there isn’t a judge available) it’ll be rescheduled for another day.

Your hearing may also be adjourned as ‘part heard’ if there isn’t enough time to finish it, or it can’t be resolved on the day. The tribunal will arrange another hearing with the same people present.


Getting a decision

You’ll be given a decision in person or by post.

The tribunal will either decide to:
  • allow your appeal - this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
  • dismiss your appeal and uphold the Home Office’s original decision
You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.

Both you and the Home Office can appeal the decision of the tribunal.

The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.

If you win your appeal

The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

Email the Home Office if you don’t get your fee award after 60 days.
Home Office appeals fees enquiries
appealsfeesenquiries@homeoffice.gsi.gov.uk
Include the following information:
  • your Home Office reference number
  • your appeal reference number
  • the date of the tribunal decision letter

 

If you lose your appeal

You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.

For example, you think the tribunal:
  • got the law wrong
  • didn’t apply the correct law
  • didn’t follow the correct procedures, which affected the decision
  • had no evidence to support its decision

Urgent appeal applications

You need to write to the tribunal with:
  • the reason why your case should be heard urgently
  • evidence of compelling or compassionate grounds, eg letters from a doctor or hospital
You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

Where to send your application

Send your reasons for the urgent appeal and evidence to the tribunal.

Expedite Requests The First-Tier Tribunal
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

Contact the tribunal to check if your application has been received.
Expedite Requests The First-Tier Tribunal
customer.service@hmcts.gsi.gov.uk
Fax: 0870 739 5895

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...