Appeals & Administrative Review
- Asylum/human rights applications Generally, there is the right of appeal if the application is refused.
- Long residence/private life applications Generally, there is the right of appeal if the application is refused.
- Applications under European law Generally, there is the right of appeal if the application is refused.
- Family visas (spouse/partner, child, other relative) In most cases there is the right of appeal if the application is refused.
- Working visas and study visas In most cases there is no right of appeal if the application is refused, but there are some exceptions.
- Settlement applications There may or may not be the right of appeal, depending on what the application for settlement is based.
- Visitor visas In many cases there is no right of appeal if the application is refused, but if the visit is for spouse/partner to visit their spouse/partner or for a parent to visit a minor child/children or for the child/children to visit their parent(s) then there should be a right of appeal, under human rights grounds.
If you have the right of appeal the first stage is that the “grounds of appeal” must be prepared and lodged with the Tribunal. This involves writing and submitting a legal argument which explains in what way you intend to challenge the decision. This must be submitted within the deadline.
Subsequently you will receive a Notice of Hearing from the Tribunal. This tells you when the appeal hearing will happen and also at which hearing centre (there are various hearing centres in the UK).
You will then need to prepare and submit bundles of papers to the Tribunal and the Home Office. The bundles should be in an appropriate format and should contain a “skeleton argument” (which is another legal argument that summarises the issues and develops them as necessary), witness statement(s) (for you and any other witnesses you want to have), and any other documents that you wish to submit which will help your case.
If you are having an “oral hearing” (ie a live hearing in front of an Immigration Judge) you can represent yourself at the hearing, or you can choose to be represented by a lawyer. At the hearing you and any other witnesses must give evidence and you and they can be questioned about their evidence and your case.
After the hearing, and usually within two or three weeks, you will receive a detailed written decision from the Tribunal (called a “determination”), which will tell you whether you have been successful or unsuccessful in your case. The losing party will have the right to challenge the decision with the Upper Immigration Tribunal if they think that the Judge’s decision contained any error. So if your appeal has been unsuccessful you may be able to challenge the decision if it seems wrong.
If your visa application, made either within or outside the UK, is refused you may have the right to challenge the decision by Administrative Review. All points-based system applications (Tier 1, 2, 4 and 5) have the right to Administrative Review if refused, and a few other visa types do as well.
In the Administrative Review process you, or your lawyer, fills in a form and writes grounds explaining why you think that the decision was wrong or unlawful. The Administrative Review application is submitted to the Home Office and a Home Office caseworker (not the same caseworker who made the original decision) looks at the application and decides whether they agree that the decision was wrong or not.
If they decide that the decision was wrong then the decision is overturned and you will be granted your visa. If they decide that the decision was correct then the decision will stand.
You are not allowed to submit any new documents with the Administrative Review application unless the refusal decision made allegations about deception or dishonesty.
If your Administrative Review application is unsuccessful this is not necessarily the end of the road. It may be possible to challenge the decision further by way of Judicial Review with the Upper Tribunal.
If your visa application has been refused it is a good idea to get a reliable legal opinion about the prospects for success of Administrative Review. In some situations it might be a better option to submit a new application.
Detention and Deportation If you would like our immigration solicitors to represent you or a family member in a detention or removal case, please contact us by phone on +44 (0) 2071835907.
If you have been detained, require bail or are facing removal, Connaught Law will be there to assist you. We understand that you and your family will be frightened and distressed.
You can count on us to work with the Home Office on your behalf, ensuring your case is heard and any issues properly addressed. Procedure for Deportation from the UK The UKVI will normally contact foreign nationals in prison or detention explaining that they are considering deportation.
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