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Appeal To First Tier Tribunal After Leaving The UK

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Appeal To First Tier Tribunal After Leaving The UK

You can file an appeal within 28 days of leaving the UK if you have been given out of country right of appeal against the refusal of your immigration application.

No Irreversible Harm

Section 92 of 2002 Act sets out where an appeal will take place. It should be read together with sections 94 and 94B which relate to certification when an appeal that would otherwise take place in the UK must be lodged after the appellant has left the UK. If there is no irreversible harm in appealing from outside the UK, an applicant may not be granted an in-country right of appeal against refusal of an in-country immigration application.

Certification Of Human Rights Claim

The Secretary of State for the Home Department (SSHD) has certification powers which have the effect of requiring a person to appeal from outside the UK. The powers can be exercised If the applicant makes a:

  • protection or human rights claim under section 94(1) of the 2002 act and the claim is clearly unfounded;
  • protection or human rights claim under section 94(7) and they are to be removed to a third country where there is no reason to believe that their human rights will be breached;
  • protection or human rights claim under Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 act and it is proposed to remove them to a safe country for that claim to be considered;
  • human rights claim certified under section 94B of the 2002 act where if they are removed there is no real risk of serious irreversible harm before any appeal is concluded.

How Can We Help?

Our expert team of immigration solicitors can represent you in your immigration appeal after leaving the UK if you have been given out of country right of appeal against the refusal of your in-country immigration application. Our appeal lawyers will carry out all the work on your appeal until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT) on your immigration appeal. The immigration casework to be carried out by our appeal lawyers on your immigration appeal will entail the following:

  • We will discuss the reasons for refusal with you and advise you on potential grounds for appeal against refusal of your leave to remain application;
  • We will advise you on the chances of success in your immigration appeal against refusal of your leave to remain application;
  • We will advise you on the timeframe, the costs involved and the court procedures;
  • We will draft the grounds of appeal to challenge the refusal in the court arguing how the refusal of leave to remain is unlawful;
  • We will advise you on documentary evidence to be submitted in support of the immigration appeal;
  • We will complete the relevant appeal form to submit the appeal form, the grounds of appeal and the supporting documents to the First Tier Tribunal;
  • We will liaise with the court (the first tier tribunal) after the filing of the appeal and fully comply with all court directions;
  • We will assess the Home Office Bundle (also known as Respondent’s bundle);
  • We will prepare and file the skeleton arguements as per court directions in a timely manner;
  • We will prepare a brief to Barrister and instruct the Barrister so that the Barrister can represent the Appellant before the Immigration Judge at the First Tier Tribunal (FTT);
  • We will prepare detailed witness statements of all the relevant witnesses who will appear in court to give evidence before the Immigration Judge of the First Tier Tribunal (FTT);
  • We will prepare the indexed and paginated appeal bundles of all the supporting documents and file the same with the court and the Home Office Presenting Officers Unit (HOPOU);
  • Where necessary, we will arrange a pre-hearing conference with the Barrister who will discuss your immigration appeal case with you and advise you about the court procedures in relation to your immigration appeal;
  • We will do all the follow up work until written determination (decision) of your immigration appeal is recieved from the court.

How Much We Charge?

Unless your immigration appeal is very complicated, our fees for immigration appeal after leaving the UK are as given in the fee table below:

Casework Stage Our Fee
One-off immigration consultation/advice for your immigration appeal £80 (inclusive of VAT)
Full service for your immigration appeal to cover all our work until a written decision is recieved from the immigration Judge of the First Tier Tribunal (FTT). From £1,500 To £2,500 (VAT not applicable)

The agreed fixed fee will depend on the complexity of your immigration appeal and the volume of casework involved in the appeal. In addition to our fixed fee for your immigration appeal, you will also have to the pay the court fee for the immigration appeal and the Barrister’s fee for representing you in appeal hearing for your appeal.

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