Challenge Refusal
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Challenges to Refusal
We help our clients to file appeals and representations against all kinds of refusals for the UK and Schengen countries and represent their cases in the UK courts.
Refusal Challenges
- Appeal against a visa or immigration decision
- Appeal a decision by the immigration and asylum tribunal
- Ask for a visa administrative review
- Visa and immigration reconsideration requests
- Immigration and asylum tribunal appeal decisions
- Immigration status problems
Appeals and Judicial Reviews
Dealing with a refusal of your Immigration decision can be extremely worrying and stressful. Understanding the UK Immigration Appeals procedure and the judicial review process is crucial, and it is difficult to challenge the Home Office decisions.
Types of Appeal
- Oral Hearing
- Paper hearing
Appeals Procedure
You can only appeal to the Tribunal if you have the legal right to appeal. You will be notified of your right to appeal in your decision letter. We will be able to review your refusal letter thoroughly and advise you of your options accordingly.
You will generally have the right to appeal if the Home Office has refused your application based on,
- Asylum or humanitarian protection
- Human Rights claim
- Or if they revoked your refugee or humanitarian protection status.
- The rights of Admin and Judicial Reviews can be exercised for the rest of all cases.
First-Tier Tribunal
If the First-tier Tribunal rejects your appeal, you can apply for permission to appeal at the Upper Tribunal if you believe the First-tier Tribunal judge made an error in the judgment.
You are required to apply to the First-tier Tribunal to seek permission to appeal to the Upper Tribunal because this is not an automatic right. You should send an application within 14 days of the date of dismissal of the appeal from the First-tier Tribunal if you are in the UK. If you are outside the UK, the time limit is 28 days.
If the First-tier tribunal rejects the permission application: you can directly apply to the Upper Tribunal for permission to appeal.
Once you get the permission to appeal, the Upper Tribunal will hear the case and assess whether the First-tier Tribunal made an error of law.
The judge will decide whether any findings of fact made by the First-tier Tribunal need preservation. At this stage, the judge may uphold the First-tier Tribunal decision, or the judge may decide to send the case back to the First-tier Tribunal to re-decide the case. The judge may also give the First-tier Tribunal directions to ensure no error of law.
You may have the option to appeal to the Court of Appeal if the Upper Tribunal Judge finds out that the First Tribunal did not make any law error. You will need to apply for permission to do this.
If you have the right of appeal, you may be able to apply for administrative review or permission for a judicial review of the decision.
However, if you do not have the right to appeal, you may be able to apply for administrative review or permission for a judicial review of the decision.
Judicial Review
A judicial review is not the same as an appeal; an appeal looks substantively at the issues of your case. A judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision or action taken by the Home Office.
In a judicial review, you can challenge the way a decision was made if you believe it was illegal, irrational, or unfair.
You can apply for a judicial review within three months of the decision you are trying to challenge was made.
Examples of when you may consider applying for a judicial review,
- If your Visit case got rejected
- If you do not have the right to appeal.
- If your Asylum claim has been certified
- If further submissions get rejected as not a fresh claim, with no right of appeal
- If you are unlawfully detain
- If the permission to appeal at the Upper Tribunal (the time limit for a judicial review, in this case, is 16 days) have refused.
In a judicial review, the judge will not substitute the correct decision. If your application is successful, your case will be sent to the Home Office to decide on it. The Home Office may make the same decision, providing that they have followed the proper process, such as considering all the documents provided by you.
Our highly experienced team can assist you with Immigration Judicial Review if you don’t have any right to appeal in case you want to challenge any immigration decision by the Home Office.
The most complex area of Immigration Law is one in which we thrive. Being experts, we can make the best possible representations to fight on your behalf at Upper Tribunal. We can help you if the Home Office has not provided any resources. If you have had a refusal with no right of appeal, you must contact us to see how we can help you.
Judicial Review is a procedure whereby: we can challenge any immigration decision made by the Home Office or failure to make a decision) if it is unlawful, unreasonable, have procedural problems, or breaches human rights.
Judicial Review claims should file promptly and within three months of the date of the Home Office decision. You will need to exhaust any alternative remedies first.
Apply for Immigration Judicial Review
Our team provides professional legal advice and representation concerning every aspect of pursuing Immigration Judicial Reviews, including:
- Advice as to the merits of seeking permission to apply for Immigration Judicial Review.
- Draft letters before claim / pre-action protocol letters.
- Draft of grounds for Immigration Judicial Review.
- Preparation of court bundles for the proceedings of the Immigration Judicial Review.
