Immigration Appeals

Immigration Appeals                                               

The Asylum and Immigration Tribunal or more commonly known as the AIT had gone through some major changes recently. The AIT had been replaced with new First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber).

Who are granted with appeal rights?

Appeals rights are granted for both in country and out of country immigration applications when they are refused. However this is not an automatic right as some of the immigration categories had lost their appeal rights following the introduction of the Points Based System.

 In Country Applications and Appeals

All the immigration applications are submitted to the Home Office who is acting on behalf of the Secretary of State to make a decision. The application will be considered based upon the

  • The information supplied by The Applicant;
  • The Applicant must have completed the correct form;
  • The Applicant must have enclosed all the supporting documents;
  • The Applicant must have enclosed the appropriate fee for the assessment.

If you have been successful with your application then leave will be granted. However if you have been unsuccessful then you will be served with a Refusal Decision by the Home Office and it will be enclosed with In Country Appeal Forms.

Out of Country Applications and Appeals

All the visa applications to the UK are submitted to the British Embassy / British Post abroad. In certain countries there would be a commercial partner appointed by the British Embassy to process all the visa applications which is known as VFS Global / World Bridge Service. All the applications will be considered by an Entry Clearance Officer and usually the Applicant would be invited to attend an interview before a decision is made.

If you have been successful with your application then you will be granted with permission to enter or settle in the UK. In the event if your application had been unsuccessful, you will then be served with a Notice of Refusal Decision and it would be enclosed with Out of Country Appeal forms.

All appeals are heard at the Appeal Tribunals (Immigration and Asylum Chamber) in the UK. You can submit your appeal through your sponsor in the UK and or through if you appoint us as your legal representative than we would lodge and represent your appeal rights in the UK.

You are entitled to request for an administrative review for the decision to be reconsidered by an Entry Clearance Manager.

 Lodging Appeals

If you decide to exercise your appeal rights then the appeal forms must be completed, grounds of appeal must be drafted and it must be enclosed with supporting appeal documents.

Lodging Appeals from Inside the UK

There is a strict time limit to comply with. The appeal form must reach the First Tier Tribunal (Immigration and Asylum Chamber) within the specified date.

  • If you are in detention then the appeal form must reach within 5 working days from the day you received the notice of the decision
  • If you are not in detention then the appeal form must reach within 10 working days from the day you received the notice of the decision.

The date you receive the notice of decision by post is 2 days after the date on the notice.

Lodging appeal from outside the UK

There is a strict time limit to comply with and the appeal must be lodged with the First-tier Tribunal (Immigration and Asylum Chamber) within 28 calendar days from the day you received the notice of the decision.

Can I still appeal after the appeal dead line had lapsed?

If you do not lodge your appeal within the date line then you must have reasons for not being able to do so. Your reasoning must be submitted to the Immigration and Asylum Chamber, who would then assess whether they should grant you any right to submit an appeal out of time. However only in special circumstances such permission will be granted by the appeal tribunal.

 What types of cases are heard at First-tier Tribunal (Immigration and Asylum Chamber)?

  • Appeal on asylum applications which had been refused;
  • Appeal on non asylum applications which had been refused which includes leave to enter or leave to remain in the UK;
  • Appeals on human rights;
  • Appeals on family visitor visa refusal;
  • Appeals on deprivations of British Citizenships;
  • Appeals on race discriminations;
  • Non Suspensive appeals;
  • Appeal on deportation directions.

After the appeal hearing, parties will be served with decision of the appeal which is known as the Determination. You will receive either Immigration allowed or Immigration appeal dismissed. In certain cases the Immigration Judge may pronounce the Immigration Decision / Immigration Determination orally on the same day when the Immigration Appeal is heard and a written Immigration Decision / Immigration Determination will be followed up by within three weeks. In other instances the Immigration Judge will reserve his or her Immigration Decision / Immigration Determination to study your Immigration Appeal in more detail before a written Immigration Decision / Immigration Determination being forwarded to your Immigration Solicitor’s office. You should expect a written Immigration Decision / Immigration Determination to arrive by one to three weeks.

 What types of cases are heard at Upper Tribunal (Immigration and Asylum Chamber)?

This is a superior court that hears further Immigration Appeals following the appeal dismissal by the First-tier Tribunal (Immigration and Asylum Chamber). You will be only entitled to appeal to the Upper Tier Tribunal if you have been granted permission to appeal. Permission to appeal will only be granted if there has been any “error of law” in the First Tier Tribunal decision.

 How can we help you with your appeal?

  • We can appeal on any refusal by drafting grounds of appeal with our expertise and legal skills;
  • We will ensure that all appeals are lodged within the dead line;
  • We will have extensive interview with you when we do a full appeal preparation work;
  • We will advise you on all the supporting documents for your appeal;
  • We will undertake detailed research for previously decided Immigration case laws that can support your forthcoming hearing;
  • We will appoint an experienced Immigration Barrister to represent you for the hearing;

All the Immigration Appeal work will be done on a fixed fee and NO VAT will be charged

Latest update on the Immigration Appeal System

The Ministry of Justice has introduced Immigration Appeal Fee charges for some asylum and immigration appeals from 19 December 2011.

Anyone who wishes to appeal against an Immigration decision notice dated 19 December 2011 or later will need to pay a fee. The appeal fee will apply to most categories of Immigration Visas and decisions. Any exemptions to the fees will be outlined by the Ministry of Justice.

This will not affect any decision notices that are dated before 19 December.

Also, from 19 December people will need to lodge their appeals at the Immigration Tribunal in the UK. Immigration Appeals will no longer be accepted at any of the overseas visa application centres.

Immigration Appeal Fees

At the moment fees will only apply in the First Tier Tribunal and that the fees are set at the following levels:

  • £80 where there is no hearing
  • £140 with a hearing

Exemption to Immigration Appeal Fees

A number of types of Immigration Appeals and Appellant are exempted from paying fees and it would include:

  • Appeals against decision of Deprivation of Right of Abode;
  • Deportation Appeals;
  • A decision that an illegal entrant, any family or seaman and aircrew is or are to be removed from the United Kingdom by way of directions;
  • Appeals against a decision of Deprivation of citizenship
  • Removal of illegal entrant or overstayer appeals;
  • Appeals against a decision to Revoke indefinite leave to enter or remain in the United Kingdom;
  • Appellants on asylum support
  • Removal of EEA national and its family members
  • Children under the care of a Local Authority

 

N/B: The tribunal can award the cost of the appeal fee to a successful appellant against UKBA.