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on January 14, 2024
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Inevitably, it can be extremely disappointing to invest considerable time, money, and effort into the preparation of a UK immigration application, only for this application to be refused by the UK Home Office. This can happen whether you are applying to come to the UK for the first time, or you are already in the UK and wish to extend your stay here (for example, if you are a current holder of a UK visa and wish to extend it or switch to another visa).
Unfortunately for many foreign nationals who make such immigration applications or who aspire to do so, the Immigration Act 2014 abolished most immigration appeal rights in the UK. However, even today, there are still some immigration decisions the Home Office may make that come with a right of appeal for impacted migrants.
It is usually the First-tier Tribunal (Immigration and Asylum Chamber) – administered by HM Courts and Tribunals Service – that hears UK immigration appeals today. This tribunal is independent of the UK Government; the process involves a judge listening to both sides of the argument, before making their decision.
Regardless, if you are a foreign national who is interested in the immigration appeals system in the UK, and the options that you have to appeal a decision you might have recently received from the Home Office, we would urge you to reach out to our own specialists in UK immigration law here at Cranbrook Legal. This article is chiefly concerned with the steps that you can take to maximise your chances of your UK immigration appeal bringing a positive outcome. So, below, we have delved into some of the things we would advise you to do, and not to do, during this process.
If you are interested in appealing to the First-tier Tribunal (Immigration and Asylum Chamber), you will first need to know whether you actually have the right to do so. Our own immigration solicitors at Cranbrook Legal can advise you if you are unsure.
For example, you will be entitled to appeal to the tribunal if the Home Office has decided to:
The above is not an exhaustive list of the circumstances in which you would have a right to appeal to the tribunal. It should also be noted that even in the event of you not having a right of appeal, it might still be possible to ask the Home Office for an administrative review.
Proceeding to the question of specifically how to lodge an appeal, the process for this will depend on whether you are applying for yourself or you have hired a legal professional to appeal on your behalf.
If you have a solicitor or immigration advisor representing you, it will usually be necessary for them to use the MyHMCTS service to appeal online. They will need to create an account first if they do not yet have one, and the only circumstances in which they would be permitted to appeal using a paper form, would be if you are in detention.
Presuming you will be appealing for yourself instead of a legal professional doing so on your behalf, if you are in the UK, you will have 14 days to appeal from the date the Home Office’s decision was sent. Alternatively, if you are outside the UK, and will therefore be appealing from there, you will have 28 days to appeal after you get your decision.
You are advised to apply online if you are able to do so, for the simple reason that online appeals are faster than phone or fax appeals.
If you want to stand the strongest possible chance of winning your immigration appeal, you need to do much more than simply follow the appeals procedure and hope for the best. Instead, your approach will need to be a targeted, thorough, and well-prepared one.
Here are some of the best ways to ensure exactly that.
So much of ensuring you get a positive outcome from your UK immigration appeal, will be ensuring you are well-informed.
Resources such as the information and guides on the GOV.UK website set out extensive information on such matters as the process the Home Office case officer will go through when making a decision on your application, as well as possible grounds for refusal, and the amount of discretion available to the caseworker.
Equipping yourself with a high level of knowledge in all these aspects will put you in a better position to make all the right moves, thereby greatly strengthening your appeal.
This might be the most important tip of any in this list. Skilled and experienced professionals in UK immigration law – especially those who have a superb track record of achieving good results from immigration appeals, as our own experts at Cranbrook Legal do – will know all about the intricacies and complexities of the rules that Home Office caseworkers must be guided by.
Choosing specialists in UK immigration law who have in-depth, direct experience of handling immigration appeals on behalf of a broad range of clients, will mean you can expect the most convincing legal arguments to be put forward in your favour. That, in turn, will help increase your chances of success with your appeal.
The refusal letter that you received from the Home Office in response to your application, will contain invaluable information outlining the reasons for this decision.
Such reasons could play a crucial role in how you approach any appeal you subsequently make. While some people whose UK immigration application is turned down might get this outcome due to not fulfilling certain eligibility criteria, for others, the issue may relate more specifically to the validity of the application itself.
If it isn’t absolutely clear to you why your UK immigration application was refused, seeking advice from an expert in UK immigration law can help bring vital clarity, so that you can make all the right decisions in relation to any potential appeal.
There might be certain factors that have emerged since you submitted your immigration application, and that you should have already informed the Home Office about, but which could nonetheless make a significant difference to your appeal.
The appeal form gives the appellant the chance to explain any such matters, which the judge may consider. It is a factor that might have a big impact on whether the Home Office’s refusal of your initial application is ultimately reversed on appeal.
It is one matter to disagree with the Home Office’s decision to refuse your immigration application, but quite another thing to know how to argue against that decision through the formal appeal process.
So, before you prepare and submit your appeal in earnest, you should take the time to work alongside your chosen immigration solicitor, so that you can determine the grounds for appeal you will be focusing on.
You might choose to argue, for instance, that your removal from the UK as a result of the refusal of your immigration application would violate the UK’s legal obligations to protect you, or that the Home Office’s decision breaches the Human Rights Act.
Whatever grounds for appeal you decide on, you cannot depend on simply providing a vague reason why you believe the Home Office’s decision was wrong. This makes it all the more important to work alongside a reputable expert in UK immigration law when you are putting together your appeal.
So, what are some of the courses of action that won’t help you win an immigration appeal in the UK? Below, we have set out five things not to do:
We’re presuming you are reading this as someone who does not have any particular expertise in UK immigration law, beyond what may be expected of a layperson.
If so, it is crucial to appreciate that the process of appealing a Home Office decision on your immigration application, will be barely any less complicated than the initial application.
So, in the absence of a suitable legal professional by your side, it could be extremely easy for you to make mistakes with the process that cause your immigration appeal to fail. Or you might overlook powerful arguments that would have otherwise greatly helped your efforts to succeed with your application.
As we detailed above, there are certain timeframes that prospective appellants of Home Office immigration decisions need to comply with.
If you will be appealing from within the UK, that timeframe will be within 14 days after the date the decision was sent. If you will be appealing from outside the UK, you will have 28 days to appeal after you receive the Home Office’s decision on your application.
In the event of you missing the deadline that applies to you, you will be expected to explain why you submitted your appeal late, so that the tribunal can make a decision on whether it can still hear your appeal.
What we are saying here is: don’t make your experience of the appeals process more difficult than it has to be. Make sure you are well-prepared to move quickly if needed, as soon as the decision comes through on your initial application to the Home Office.
The appeal process provides an invaluable opportunity for you to look back at the documentation you might have provided for your initial application, and to ask yourself whether it satisfies the requirements for you to get a positive decision.
The immigration lawyer that you work with on your appeal might not be the same one you may have trusted to handle your initial application. So, this can be an important chance for them to provide their own informed input.
All in all, the documentation that you do submit at the appeal stage needs to prove that you complied with all the necessary immigration rules, or that your circumstances otherwise warrant you being granted leave or a visa in the UK.
As an appellant, you will be able to choose between having a paper hearing or an oral hearing. The former would involve the judge making a decision purely on the basis of information you provide in your appeal form and any documentation supplied to the tribunal.
An oral hearing, however, is one that you or your representative would be able to physically attend, so that you can give evidence in person. This would enable you to give evidence and explain any matters to the judge directly, as well as to present the human side of your case.
The provision of oral evidence generally leads to a better outcome for the appellant than a paper hearing, particularly in human rights cases. So, if you can take the opportunity of an oral hearing, we would urge you not to miss it.
Once you have lodged your appeal, you will be given a decision either in person or by post. In the event of you winning your appeal, the Home Office will “revise” its decision, which may entail the reconsideration of your entire application if there has been a change in your circumstances since you first made your appeal.
But even if you lose your appeal, you might not have yet exhausted your options. If, for instance, you believe there is a legal mistake with the tribunal’s decision – such as the tribunal not having applied the correct law, or not having complied with the correct procedures – you could ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). As with any other aspect of the appeals process, if you are uncertain what steps you would be best advised to take, please feel free to consult a suitably qualified expert in UK immigration law, such as one of our own professionals at Cranbrook Legal.
Statistics from recent years indicate that approximately half of all UK immigration appeals now succeed.
Data from the Ministry of Justice (MoJ) shows that for the July to September 2023 quarter, for example, 47% of the 6,700 First-tier Tribunal Immigration and Asylum Chamber cases that were determined in a hearing or on the papers were allowed/granted. This included 46% of asylum/protection cases, 51% of human rights cases, and 44% of European Economic Area (EEA) Free Movement appeals.
In practice, of course, the likelihood of your own immigration appeal being successful will depend greatly on such factors as the suitability of the documents you submit, your compliance with the necessary rules, regulations, and procedures, and the strength of your legal argument.
Hopefully, our above rundown of the things to do – and not to do – when you are preparing and looking to lodge a UK immigration appeal, will greatly aid your efforts to achieve your desired outcome.
To learn more about how we can help you with the immigration appeals process here at Cranbrook Legal in central London, please don’t hesitate to call us today on 0208 215 0053, or to arrange a free consultation through our straightforward online contact form.
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