If your application is refused, you may be able to appeal the decision. If your application is rejected by the UK authorities you will receive a letter listing the specific rejection reasons. It is not always possible to appeal against refusals and rejections. Where it is not possible to appeal a visa refusal, or immigration application rejection, it will usually be possible to make a request for an administrative review. Do not accept an incorrect decision. Contact us, and we can work together to reverse the decision.
A rejection or refusal letter will include information about your right under UK law to appeal the refusal or request a review of the decision, however, the immigration authorities do sometimes get this wrong as well.
Mulberry Finch will review your refusal and provide you with accurate guidance and steps. We will arrange with you the necessary documents that will be used as evidence, and prepare the grounds of appeal, once we understand the strengths and weaknesses of your case.
If an appeal hearing is required, we will collate and submit a professionally prepared and paginated appeal bundle. The skeleton argument, that will be central to your appeal will be prepared by our most senior lawyers. If representation is required, at least two of our lawyers will attend each court hearing.
Appeal
An immigration judge will review the application, consider the evidence that was available at the time, and listen to the arguments and explanations provided at the appeal before making a decision. Immigration appeals are heard by the Asylum and Immigration Tribunal (AIT). You can only appeal against certain types of decision.
Where an appeal is allowed, we offer two services. You can engage us to prepare the grounds of appeal, or you can engage us to prepare the grounds of appeal and represent your appeal.
Grounds of appeal
Where you have chosen to appeal a decision, we will review your refused application, your supporting documents, and your refusal letter.
We will prepare grounds of appeal within the time limits allowed, explaining the detailed legal reasons why your application meets the requirements, and should be approved. We will base our argument on case law, the Immigration Rules, and the government's own policies and procedures, if we believe these have not been followed correctly.
Representation
We will liaise with you throughout the process, and liaise with any witnesses you may have. Once we are ready to appeal, we will submit your case to the AIT within the time limits allowed. Following submission, we will liaise with the UK Authorities on your behalf.
When your appeal is heard, one of our senior lawyers will represent you before the Immigration Judge.
Request for review
Where a request for review is allowed, we will review your initial application, your supporting documents, and your refusal letter. We will draft a detailed request for review giving legal reasons as to why your application should not have been refused, and represent you with the authorities. We may also need further information from you, either face-to-face, over the telephone or by email, to enable us to complete this.
Judicial review
Decisions that do not have a right of appeal may be challenged by Judicial review (JR). This legal process is an application to the High Court. It is a difficult challenge to mount and legal advice is essential. We recommend that you seek our legal advice if you are considering this avenue.
Do I need a lawyer?
If you have applied and been rejected, either by yourself, with a solicitor or an adviser, we may be able to prepare a request for review, or prepare grounds for appeal and appeal the decision at the AIT. It is recommended that you seek legal representation before making a request for review or an appeal. There are a number of steps that can be taken to fight a refusal.
Mulberry Finch can be nominated as the representative. We have extensive experience in immigration and asylum work and specialise in these complicated areas of law.
Mulberry Finch will assist you with the application paperwork needed to meet the requirements. Our experienced immigration lawyers are qualified at the highest level with the Office of Immigration Service Commissioner. We will provide comprehensive advice, and advocacy before AIT. Start your appeal now.
