Appealing an immigration decision
Appeals can only be made to the First-tier Tribunal (Immigration and Asylum Chamber) on human rights grounds. If your appeal is dismissed (rejected) you can apply for a review of the decision in the Upper-tier Tribunal. Appeals can only be made within a short timeframe – our experienced immigration law lawyers will provide prompt advice on whether you are eligible to appeal, and if so, we will take care of this complex process for you, giving you clear guidance, and ensuring that your application is as robust as possible to give you every chance of success.
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Here to help you
While you don’t have to employ a solicitor to make an appeal, because the process is complex, requires understanding of specific elements of immigration law, and must be completed within 14 days, we highly recommend that you use a specialist immigration law solicitor. You will be allocated one of our experienced, specialist solicitors who prioritise time sensitive appeals and will provide you with clarity and reassurance, maximising your appeal’s chance of success.
Appeals against a Home Office immigration decision must be made within 14 calendar days if you are inside the UK, or 28 calendar days if you are outside the UK. There are several reasons why an appeal may be upheld, including the original decision being found to be based on incorrect information. The appeal must contain detailed and specific grounds for the appeal with accompanying supporting evidence. Our immigration solicitors will take care of the process for you to ensure all the requirements are met.
Why choose
CWC Solicitors?
Our priority is to ensure your appeal fulfils all the requirements and is as robust as possible to maximise your chance of success. We are highly experienced in the complexities of immigration law, also in compassion. Our approach isn’t just meticulous but personalised to your particular situation. We know immigration matters can be sensitive and emotionally charged. Through clarity and empathy, we will ensure you feel supported, informed and confident throughout the process.
Frequently asked questions
Still unsure or need something explained in more detail? Contact us, and we’ll guide you through it.
1. What are First-tier Tribunals and Second-tier Tribunals (Immigration and Asylum)?
If your application for a UK visa has been refused by the Home Office, you can appeal that decision on human rights grounds. Appeals are considered by the First-tier Tribunal (Immigration and Asylum). If your appeal is dismissed (rejected) you can apply for a review of the decision in the Upper-tier Tribunal.
2. In what circumstances can I appeal an immigration decision?
You can 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’).
- Revoked your protection status.
- Refused your human rights claim.
- Refused to grant your residence document or deported you under the Immigration (European Economic Area) Regulations 2016.
- Revoked your British Citizenship.
- Refused or revoked your status, varied the length or condition of your stay, or deported you under the EU Settlement Scheme.
- Refused or revoked your travel permit or family permit under the EU Settlement Scheme or restricted your rights to enter or leave the UK under those permits.
- Refused or revoked your permit, or deported you if you’re a frontier worker.
- Refused or revoked your leave, or deported you if you’re a S2 healthcare visitor.
3. What evidence do I need to provide to prove my eligibility?
Evidence must be provided to prove the Home Office’s refusal decision was wrong. Evidence could include a detailed personal statement, proof of persecution in asylum cases, and independent expert reports.
4. On what grounds would an appeal be upheld?
The Home Office’s refusal decision would have to be found to be wrong, so when the evidence submitted in the appeal contradicts the reasons for refusal. It could be upheld for reasons including if refusal breached human rights, if evidence had been overlooked or incorrect facts were used.
5. How long does the appeal process typically take?
The process typical takes between six and 12 months.
6. Can I make an appeal without a solicitor?
Yes, there is no requirement to have legal representation, however, due to the complexity of the process, legal advice is strongly recommended.
7. What are the benefits of employing a solicitor to handle my appeal?
The first step is to assess your eligibility to appeal. Our immigration law solicitors can advise whether you have a reasonable chance of success. The process is complex and extensive and substantial evidence must be provided to fulfil robust requirements; we will ensure your evidence is correct and accurate to maximise your chance of success.
Related services
Human Rights applications
We understand that the Human Rights application route to living in the UK can be confusing and daunting. Our experienced immigration law lawyers will take care of this complex process for you.
Applications to join British or settled residents
There are different routes for non-British citizens to settle in the UK. One way is if you have immediate family already settled here. Our experienced immigration law lawyers will take care of this complex process for you with clarity and compassion.
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