If your immigration application to the Home Office, UKVI has been refused by the Home Office, UKVI, you can challenge the refusal letter through one of the legal remedies available to you. This is how you can challenge the Home Office refusal letters and get the decision to refuse your application overturned. You should have good grounds to challenge the refusal of your immigration application so that you can prove the decision of the Home Office UKVI not in accordance with the relevant facts and laws (including immigration rules and case-laws).

You can legally challenge an unlawful decision of the Home Office, UKVI, decision of the HM Passport Office or an appeal decision if you disagree with the decision and there are good grounds for the decision to be challenged by one of the available legal remedies.

How To Challenge The Home Office Refusal Decisions?

Home Office, UKVI immigration decisions also known as refusal letters can normally be challenged by way of Immigration AppealsAdministrative Review Against Home Office UKVI Refusal, Pre Action Protocol for Judicial Review (JR) Against The Home office, UKVI and Judicial Reviews (JRs) In The Upper Tribunal or Judicial Reviews (JRs) In High Court.

If your application to the Home Office UKVI, an Immigration Appeal or Judicial Reviews (JRs) In The Upper Tribunal has been refused/dismissed, we can provide the required legal representations in challenging the refusal of such application/appeal/judicial review. We provide a vast range of legal services in challenging the refusal of immigration applications. We also provide legal representations to our clients in challenging the delay on part of the Home Office UKVI in reaching a decision on the immigration application where the applicant is prejudiced by such delay.

Following are the various legal remedies available under the UK immigration laws to challenge the Home Office UKVI refusal decision:

Reconsideration Of British Nationality/Naturalisation Application

If your application for British Nationality/Naturalisation as a British Citizen has been refused by the Home Office UKVI, you can apply for reconsideration of your British Nationality application by using application for NR. It is very common for British Nationality applications to be refused due to good character requirement not being met. Our expert team of immigration solicitors can provide the legal help and assistance with challenging the refusal of your British Nationality application. READ MORE

Challenge Refusal Of Visitor Visa UK

If your application for visitor visa UK has been refused by the Entry Clearance Officer (ECO), you can challenge the refusal of your visitor visa by way of Pre Action Protocol (PAP) and Judicial Review (JR) in the Upper Tribunal. It is very common for UK visitor visa to be refused by the Entry Clearance Officer (ECO) on the grounds that the Entry Clearance Officer (ECO) is not satisfied about the applicant's intention to leave the UK if granted entry clearance as a visitor. Most of the time, such conclusions are reached by the Entry Clearance Officer (ECO) without taking into consideration all the relevant factors pertaining to the personal circumstances of the applicant. Our expert team of immigration solicitors can provide legal help and assistance for challenging the refusal of your UK visitor visa. READ MORE

Immigration Appeals To The First Tier Tribunal (FTT)

Following are the various immigration appeals which can be filed with the First Tier Tribunal (FTT) in the United Kingdom:

Entry Clearance Appeal (Immigration Appeal From Outside The UK)

If your application for UK visa entry clearance has been refused by the Entry Clearance Officer (ECO) and you have been granted a right to file an entry clearance appeal, our expert team of immigration solicitors can provide legal help and assistance with your entry clearance appeal (an immigration appeal from outside the UK). We can prepare the grounds of appeal and file your appeal with the First Tier Tribunal (Ftt) and carry out all the legal work on your entry clearance appeal until decision by the Immigration Judge on your entry clearance appeal. READ MORE

Immigration Appeal From Inside The UK

Under section 82 of the Nationality, Immigration and Asylum Act 2002 a person may appeal to the Tribunal where a decision on an in-country application has been made to either:

  • refuse a protection claim
  • refuse a human rights claim
  • revoke protection status

You can challenge the refusal decision of the Home Office to refuse your in-country application for permission to stay in the UK by way of an immigration appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if you have been given a right of appeal against the refusal of your immigration application. The immigration appeal to the First Tier Tribunal (Ftt) should be filed within 14 days after the Home Office, UKVI sent the notice of decision to the appellant.

Unless a human rights claim is certified by the Secretary of State for the Home Department (SSHD), there will be an in-country right of appeal against refusal of human rights applications. READ MORE

Out Of Country Appeal Against Refusal Of An In-Country Application

If you have made an in-country immigration application and your immigration application has been refused by the Home Office UKVI, you may be granted out of country right of appeal whereby you will be required to appeal against the immigration decision within 28 days after leaving the UK. 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.

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. READ MORE

Appeals Against The Decisions/Determinations Of The Immigration Tribunals

If your immigration appeal has been dismissed by the Immigration Judge at First Tier Tribunal (FTT) or Upper Tribunal (UT), you may have the following legal remedies to challenge the impugned appeal determination of the Immigration Judge:

Application To First Tier Tribunal (FTT) For Permission To Appeal

An application to the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) can be made after an appeal to the First-tier Tribunal (Immigration and Asylum Chamber), has been dismissed by the Immigration Judge.

The application for permission to appeal must be filed with the First Tier Tribunal within 14 calendar days of the date the appeal determination was sent to you by the First Tier Tribunal and 28 calendar days if the appellant is outside the UK. An application to the First Tier Tribunal for permission to appeal to the Upper Tribunal can be made on the grounds that the Immigration Judge who determined the appeal at the First Tier Tribunal mater a material error of law in deciding the appeal which renders the determination of the Immigration Judge materially erroneous in law. READ MORE

Application To Upper Tribunal For Permission To Appeal

An application to the Upper Tribunal for permission to appeal to the Upper Tribunal can be made on the grounds that the First Tier Tribunal judge who determined the appeal against the refusal of immigration application made a material error of law in determining the appeal. Such application to the Upper Tribunal is made after similar permission application has already been refused by the First Tier Tribunal. An application to the Upper Tribunal for permission to appeal is made within 14 days of the date the decision of the First Tier Tribunal on permission application to the First Tier Tribunal was sent to the Appellant or his legal representatives. READ MORE

Appeal To The Upper Tribunal After Grant Of Permission (Error Of Law Hearing At Upper Tribunal)

After an application for permission to appeal to the Upper Tribunal is successful and permission to appeal has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal may rehear the immigration appeal to decide whether or not there was a material error of law made by the Immigration Judge who determined the appeal at First Tier Tribunal.

The Upper Tribunal has the power to rehear the appeal and determine the appeal themselves and either maintain the decision of the Immigration Judge or set aside the same and make a new decision. In some cases, the Upper Tribunal may remit the appeal back to the First Tier Tribunal after deciding that there was a material error of law in the appeal determination of the Immigration Judge. READ MORE

Application To The Upper Tribunal For Permission To Appeal To The Court Of Appeal

An application to the Upper Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Court of Appeal can be submitted to challenge the determination (decision) of the Upper Tribunal on point of law. The application is normally considered by the Senior Immigration Judge at the Upper Tribunal (Immigration and Asylum Chamber). The Senior Immigration Judge will grant permission to appeal to the Court of Appeal if he finds that there was an arguable material error of law in the determination of the Immigration Judge. READ MORE

Application To The Court Of Appeal For Permission To Appeal To The Court Of Appeal

After an application for permission to appeal to the Court of Appeal has been refused by the Senior Immigration Judge at Upper Tribunal (Immigration and Asylum Chamber), a further application can be made to the Court of Appeal itself to seek permission to appeal on pint of law in order to challenge the determination of the Tribunal. The court will grant permission to appeal if it is found that there was an arguable material error of law in the determination of the Immigration Judge. READ MORE

Immigration Appeal To The Court Of Appeal After Grant Of Permission To Appeal

After an application for permission to appeal to the Court of Appeal is successful and permission to appeal has been granted either by the Upper Tribunal or by the Court of Appeal itself, the appeal is then determined by the Court of Appeal on point of law.

The Court of Appeal has the power to rehear the appeal and determine the appeal themselves and either maintain the decision of the Immigration Judge or set aside the same and make a new decision. In some cases, the Court of Appeal may remit the appeal back to the First Tier Tribunal after deciding that there was a material error of law in the appeal determination of the Immigration Judge. READ MORE

Application To The Court Of Appeal For Permission To Appeal To The Supreme Court

An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Court. An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court. An application is made by filing an application for permission to appeal.

Permission to appeal to The Supreme Court is subject to a number of statutory restrictions. The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. This provision means that The Supreme Court may NOT entertain any appeal against an order of the Court of Appeal refusing permission to bring an appeal to the Court of Appeal from a lower court. In other words, where the Court of Appeal refuses to give permission for a party to appeal to the Court of Appeal, then that decision cannot be challenged in The Supreme Court. READ MORE

Application To The Supreme Court For Permission To Appeal To The Supreme Court

After a permission application to the Court of Appeal for permission to appeal to the Supreme Court has been refused by the Court of Appeal, a further permission application may be made to the Supreme Court itself for permission to appeal to the Supreme Court to challenge a decision of the Court of Appeal.

An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Court. An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court. An application is made by filing an application for permission to appeal. READ MORE

Immigration Appeal To The Supreme Court After Grant Of Permission To Appeal

You can file a notice of an immigration appeal with the Supreme Court after the permission to appeal to the Supreme Court has been granted either by the Court of Appeal or the Supreme Court itself. In England & Wales, you can bring an appeal to the Supreme Court from the Court of Appeal (Civil Division). The right of appeal to the Supreme Court is regulated by statute and is subject to several statutory restrictions. READ MORE

Administrative Review, Pre-Action Protocol (PAP) & Immigration Judicial Review (JR)

In cases where the Home Office UKVI has not given right to appeal against the refusal of an immigration application, the refusal letter of the Home Office may be challenged by way of Administrative Review (AR), Pre Action Protocol (PAP) and Immigration Judicial Review (JR).

Administrative Review (AR) Of Home Office Refusal Decisions

An Administrative Review (AR) is a review or reconsideration of your immigration application following refusal of the same by the Home Office UKVI. Refusal of certain immigration applications known as eligible decisions can only be challenged by way of Administrative Review (AR). If you think that the Home Office, UKVI has made a mistake about the result of your application to remain in the UK or in refusing you entry to the UK at the border you can ask the Home Office UKVI to review the decision. READ MORE

Pre Action Protocol (PAP) For Immigration Judicial Review (JR) Against Home Office UKVI

Before making your claim for Judicial Review (JR) against the Home Office, UKVI, you should send a letter to the Home Office, UKVI. The purpose of this letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter should contain the date and details of the decision (the refusal letter), act or omission being challenged and a clear summary of the facts on which the immigration Judicial Review against the Home Office, UKVI is based. It should also contain the details of any relevant information that you are seeking from the Home Office, UKVI and an explanation of why this is considered relevant. An immigration Judicial Review (JR) against the Home Office UKVI should not normally be made until the proposed reply date given in the Pre Action Protocol (PAP) letter has passed, unless the circumstances of the case require more immediate action to be taken. READ MORE

Immigration Judicial Review Against The Home Office UKVI

Judicial Review (JR) in immigration cases is a process whereby an unlawful immigration decision of the Home Office UKVI or an Immigration Tribunal, as the case may be, can be legally challenged by way of legal proceedings in the court. Through Judicial Review (JR) the court reviews the unlawfulness of an immigration decision and if the decision is found to be unlawful, the decision is set aside by the court so that the Home Office UKVI or the Tribunal, as the case may be, can make a fresh lawful immigration decision. READ MORE

Cart Judicial Review (JR) Against The Upper Tribunal

A Cart JR is a legal challenge by way of Judicial Review proceedings against a decision made by the Upper Tribunal (UT), Immigration and Asylum Chamber, to refuse permission to challenge a First-Tier Tribunal determination/decision, in circumstances where there is no further right of appeal to the Court of Appeal.  It is a challenge based on a ruling from the Supreme Court in a challenge brought by someone called Cart.

A Cart JR needs to be brought within 16 days of the UT decision, rather than 3 months, as is the case with most other judicial reviews, and, crucially, the 16 days start on the date on which the Upper Tribunal permission refusal was sent. READ MORE

Immigration JR Appeal To The Court Of Appeal

A decision of the Upper Tribunal or High Court involving an Immigration Judicial Review (JR) can be challenged in the Court of Appeal. READ MORE

Immigration JR Appeal To The Supreme Court

An appeal to The Supreme Court from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission of the Court of Appeal or of The Supreme Court. An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an application may be made to The Supreme Court. READ MORE

Why Choose Sunrise Solicitors For Challenging Your Refusal Decision?

The immigration solicitors at Sunrise Solicitors have specialist knowledge of immigration laws and huge experience with good track record of successfully challenging the refusal decisions of the Home Office UKVI or HM Passport Office. We charge affordable fixed fee for challenging most refusal letters which gives our clients peace of mind that the legal fees to be paid by them will remain unchanged for the agreed amount of work for which they have instructed us. The high quality of our service is self-evident from the reviews of our clients about the immigration services rendered by our expert team of immigration solicitors.

Our expert team of immigration solicitors will:

  • assess your refusal letter and advise you on the merits of the case and prospects of success in the case;
  • advise you on the weaknesses and strengths of the case;
  • discuss possible grounds to challenge the refusal of your immigration application;
  • advise you on the relevant procedures to be followed for challenging the refusal decision of the Home Office UKVI;
  • advise you on the costs of any third parties (disbursements) e.g. court fee or Barrister fee payable in your case;
  • where necessary, prepare a brief to Counsel (Barrister) and instruct the Barrister for preparing grounds to challenge the refusal decision of the Home Office UKVI;
  • effectively communicate with all the relevant parties including you, the court and the Home Office UKVI throughout the litigation process;
  • where necessary, amend the grounds or prepare and submit additional grounds for challenging the refusal with permission of the court in order to enhance chances of success in the case;
  • where possible, try to settle the matter with consent of the Home Office UKVI and ensuring the terms of settlement protect your interests;
  • advise you on the outcome of the legal challenge to the Home Office refusal letter upon receipt of the decision from the relevant court or Tribunal decision.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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