Appeals
If you make an application that is refused, you will receive an appeal form with the decision.
The form has a number of sections that need to be completed. The Grounds of Appeal section of the form allows you to explain why you disagree with the decision. All the reasons why the decision is invalid should be noted, as it will be difficult to raise further issues at a later date. A good, detailed grounds for appeal, supported by comprehensive evidence will have a strong chance of pursuading the authorities to change their decision. An appeal may not even be necessary.
We have seen many applicants attempt this part of the form themselves, and fail to appreciate or explain the reasons that would have make their appeal successful.
Strict time limits apply. The appeal forms must be received within the period below. If your appeal forms are submitted late, you may lose your right of appeal, unless you have acceptable reasons.
Time limits: Overseas refusals
The time limit is 28 calendar days, however, an extra 28 days are allowed for postage to make sure that you receive the decision you are appealing against, making 56 days in total. If you wish to appeal against the decision of an entry clearance officer, you may also give notice of appeal by serving it on the entry clearance officer.
Time limits: UK refusals
The time limit is 10 business days after you receive the decision or five business days if you are detained. If you are not detained, an extra two business days are allowed for postage, so it will normally be 12 business days from the date on which the decision was sent.
Waiting times
For Entry Clearance applications, the appeal will usually take place within four to seven months.
For immigration applications from within the UK, the appeal will usually take place within a month.
For asylum applications, the full appeal will usually take place within a month. (A case management review hearing will take place two weeks after you lodge your appeal.)
Decisions
Appeals are heard by an Immigration Judge sitting at the Asylum and Immigration Tribunal in the UK.
Appeal decisions are not usually reached on the day of the hearing. The written decision of the AIT, called the determination, will be sent to you and to your lawyer. This will explain all the reasons why your appeal has been successful or unsuccessful. An allowed appeal is a successful appeal, whereas a dismissed appeal is an unsuccessful appeal.
Review of Appeal decisions
If you still believe an error in law has been made once you receive the appeal decision, you can apply for reconsideration of an unsuccessful appeal. A new hearing date will be set once the AIT orders a reconsideration of the appeal.
An application for the review of an appeal decision must be submitted within five days of receiving the decision if you are in the United Kingdom, or 28 days if you are outside the UK.
If your appeal is successful the Home Office will usually accept the decision, but they may apply to have the decision reconsidered.
Request for Review
Primarily applied to UK Work permit, HSMP, and Tier 1 rejections, a request for review may be prepared where we believe a decision is unjust and unfair. A request for review will usually need to be received by the UK Authorities within 28 days of their rejection decision being issued.
Judicial Review
Once we have evaluated your case, we may advise on making a request for judicial review. This is a procedure to apply for the decision to be examined by a judge to determine whether the law has been applied correctly. It operates within strict time limits and procedures.
