Refusals & Appeals

Refusals and Appeals

At Qore Legal  our immigration appeal lawyers are extremely experienced and regularly appear before the Tribunal and prepare appeals on behalf of our clients. We have the benefit of having lawyers who have previously worked for the Home Office and can provide a unique insight into how the Tribunal operates.

In-country appeals

In recent years, appeal rights have been limited to apply to refusals of only a number of applications. These include human rights, revocation of citizenship, protection claims (i.e. asylum), EEA applications and revocation of protection status. In the first instance you will need to apply to the First-tier Tribunal (Immigration & Asylum Chamber) who will consider your appeal, and if valid, admit it for hearing at the next available date.

The location of your hearing will depend on your address in the United Kingdom. We will of course cover hearings in and around London as well as other locations in the UK such as Newport and Newcastle. We have an extremely high rate of success in these appeals.

We have close ties with specialist Immigration Barristers who are considered leading lawyers in this area of law and who can represent you at your appeal hearing. We work closely with Barristers and if necessary, will arrange a conference for you to meet your Barrister before the hearing so you can discuss in person the merits of your case. (Please note that Barrister fees are separate from our legal fees and must be paid in full before your hearing in order for your Barrister to attend).

Out-of-country appeals

You may be granted an out of control appeal where your application for entry clearance to the UK has been refused.

Your application will attract an out of country appeal if it was refused on a human rights basis or was deemed incompatible with EU law. You will be required to furnish the Tribunal with the relevant evidence in order to try and persuade them to overturn the decision of the Home Office.

In some instances (whether it is an in country or out of country appeal) we may write to the Home Office in advance of an appeal if we believe there is sufficient merit to request that the Home Office withdraw their decision and issue a new and favourable one.

Administrative review

In some instances, such as with an application under the Points Based System, there is no right of appeal in the event of a refusal. In the first instance, the applicant must apply to the Home Office for an Administrative Review.

An application for Administrative Review must usually be submitted within 14 days of receiving the decision or 28 days if the decision relates to an out of country application. In the event that the Administrative Review is successful the Home Office will usually withdraw their decision and issue a new one granting your application.

 Appeals to the upper tribunal

In the event that an appeal is refused by the First-tier Tribunal, either party may apply for permission to appeal to the Upper Tribunal if there is an arguable area of law.  Either party has the right to appeal within 14 days of (or 28 days if the appeal relates to an out of country decision).

In the event that permission is granted the case will then be heard by the Upper Tribunal. If the Upper Tribunal find that there has been an error of law then they may either ‘re-make’ the decision or remit the case back down to the First-tier Tribunal to be reheard.

Appeals to the higher courts

Immigration is one of the most litigated areas of law in the higher courts. In the event that your case proceeds to an appeal beyond the Upper Tribunal it will be necessary to instruct a Barrister with considerable experience and reputation or a Queen’s Counsel (QC). We have experience of dealing with some extremely important human rights and judicial review cases in the Administrative Court and Court of Appeal and will always advise if they feel that an onward appeal is appropriate.

Our Service

We are able to deal with all stages of the appeal process and fully prepare the appeal bundle on behalf of the client. We will advise on the merits at the outset and make clear the legal and evidential requirements so that the appeal has the best chance of succeeding. We will advise on all the supporting documents and evidence required and take the client through the appeal process from start to finish.

Contact our Immigration Appeals Solicitors London, UK

Qore Legal  is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals. For immigration appeals advice, please contact an immigration appeal lawyer at Qore Legal  – call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.