If you have received a decision from the Home Office or Entry Clearance Officer that you do not agree with, you may wish to challenge that decision. The most effective method of challenging this is with a tribunal appeal.

Unfortunately, the UK government has severely reduced appeal rights for migrants applying for entry clearance or leave to remain in the UK. For instance, those applying under the Points Based System no longer have a right of appeal if their applications are refused and they must instead use a process called Administrative Review.

Section 84 of the Nationality, Immigration and Asylum Act 2002 outlines valid grounds of appeal to the Immigration and Asylum Chamber, which are:

• That the decision is not in accordance with the immigration rules
• That the decision is unlawful by virtue of Race and Religion section 19B
• That the decision is unlawful under the Human Rights Act, i.e. the decision is incompatible with the Convention rights of the appellant
• That the appellant’s rights under the Community Treaties would be breached because they or a family member are an EEA national
• That the decision is not in accordance with the law (other than the immigration rules)
• That discretion should have been exercised in a different way to how it was legally exercised by the initial decision maker
• That the appellant’s rights under the Refugee Convention and Human Rights Act would be breached were the UK authorities to proceed with removal.

Procedure for Making an Immigration Appeal after UK Visa Refusal:

An appeal must be lodged with the First-tier Tribunal within 14 calendar days of the date you were sent the notice of a decision if you are in the UK, and within 28 calendar days if you have been refused entry clearance; this can be extended in certain circumstances.

Immigration Appeals can be decided either orally or on the papers. In many cases, an oral hearing is preferable as it allows the appellant to respond to submissions made by the Home Office.

When assisting a client with their appeal, as a part of our service, we would usually prepare appellant’s bundles and serve them to all relevant parties. (An appellant’s bundle is a series of documents and statements which you would rely on when presenting your case to the court). The Home Office also has a duty to serve respondent’s bundle to all relevant parties. Once the appeal has been lodged and a certificate of fee satisfaction has been issued, the Tribunal will send a copy of the notice of appeal and any accompanying documents to the Home Office and issue a notice of hearing and directions.

Temple Gate Solicitors are specialised in Immigration Appeals and can help you with your appeal. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.