You may be eligible to appeal a decision to the Asylum and Immigration Tribunal (AIT). Appeal cases can be decided on the basis of written submissions or they can be heard at a hearing with legal representatives present.
The most common types of grounds for appeal are on the basis of either:
- a refusal of a UK visa.
- a refusal of a variation or extension of your existing permission to stay in the UK.
- a refusal of permission to enter the UK on arrival.
- a breach to your basic human rights.
- removal directions.
- a deportation order
- a refusal of an application for revocation of a deportation order.
- a refusal of an asylum claim.
- an application to be released on bail for a person detained under the Immigration Acts.
This list covers the common areas with a right of appeal. Contact us if you are unsure of your appeal rights.
Asylum
Human rights or asylum claim refusals can usually be appealed, unless the Home Office believe an asylum claim is completely unfounded. Such cases are usually sent to the Harmondsworth, Yarl's Wood, or Oakington detention centres.
The asylum seeker can appeal to the AIT after removal. A Judicial review may be required to challenge the Home Office's decision.
Another exception that does not carry the right of appeal is the refusal of an asylum seeker's second claim for asylum.
Work Permits, HSMP, Tier 1
You cannot appeal a Work Permit, HSMP, or Tier 1 rejection.
We may be able to explain your supporting evidence to the Home Office in response to a rejection and request that they reconsider the decision, by way of a Review.
Work Permit holders that are refused entry clearance have a right of appeal.
Reconsideration
You must ensure that you provide all the relevant evidence required to meet the requirements when you make your initial application, to avoid being in a situation where you are refused without a right of appeal.
Even without a right of appeal, it may be possible to request the Authorities review their decision.
Once refused, we can write to the Authorities (an entry clearance officer, entry clearance manager, or complaints department) explaining how you meet the requirements. We may include further evidence to demontrate this.
Our lawyers have undertaken review requests for a wide range of applications on behalf of our clients, with significant levels of success. We are qualified to assist with request for review.
