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Immigration Appeals Against Refusal Decisions Of Home Office UKVI

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You can challenge the refusal decision by way of an immigration appeal if your immigration application has been refused by the Home Office UKVI. Our expert team of immigration appeals solicitors can help you challenge the refusal decision of the Home Office UKVI by representing you in your immigration appeal.

Appeals To The First Tier Tribunal (FTT)

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

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

If you are appealing from inside the UK, the appeal should be filed within 14 days after the receipt of notice of decision and if you are appealing from outside the UK, the appeal should be filed within 28 days after the date of the receipt of the notice of decision. In certain cases, an applicant who made an in-country application may be granted out of country right of appeal which the appellant should file with the First Tier Tribunal within 28 days after leaving the UK.

Follwing are the various appeals which can be filed with the First Tier Tribunal against decisions of the Home Office, UKVI:

Appeals To The Upper Tribunal (UT)

The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record dealing with appeals against decisions (which are called determinations) made by the First-tier Tribunal (Immigration and Asylum Chamber) (F-tT). One of its principal purposes is to hear and decide appeals against decisions made by the First-tier Tribunal in matters of immigration, deportation, asylum, nationality and human rights. The Upper Tribunal (UT) will decide whether or not the First Tier Tribunal (FTT) judge made a material error of law in determining the immigration appeal in question.

As specialist appeal laywers for UK immigration, we can provide expert legal help and assistance for the following matters involving appeal to the Upper Tribunal (UT):

CART Judicial Review (JR) Against The Upper Tribunal (UT)

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.

Following are various stages of CART JR to challenge the decision of the Upper Tribunal refusing permission to appeal to the Upper Tribunal:

Immigration Appeal To The Court Of Appeal

After the appeal to the Upper Tribunal (UT) has been dismissed by the Immigration Judge at the Upper Tribunal (UT), the determination of the Upper Tribunal Judge can be challenged by appealing to the Court of Appeal (Civil Division). To appeal to the Court of Appeal, permission to appeal should be granted either by the Upper Tribunal (UT) or by the Court of Appeal itself.

As specialist appeal laywers for UK immigration, we can provide expert legal help and assistance for the following matters involving appeal to the Court of Appeal:

Immigration 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.

Following are various stages of an immigration appeal to the Supreme Court to challenge the decision of the Court of Appeal:

Other Related Services

FAQs - Entry Clearance Appeals Against Refusal Of UK Visa

What is the time limit for filing an entry clearance appal against refusal of UK visa application?

You can file an entry clearance appeal to the First Tier Tribunal (FTT) against the refusal of your UK visa entry clearance application within 28 days of receiving the refusal decision.

How can I challenge the refusal of my UK visa application if I have not been given right to appeal?

In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your UK visa entry clearance application.

Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your UK visa application by way of Pre Action Protocol (PAP) and Judicial Review (JR).

What is the court fee for entry clearance appeal against refusal of UK visa entry clearance application?

The entry clearance appeal fee is:

  • £80 without a hearing
  • £140 with a hearing
Can Sunrise Solicitors carry out free assessment of UK visa refusal decision?

As part of our free immigration advice service, our expert team of free immigration solicitors can carry out free assessment of UKVI refusal decisions of your immigration application by the Home Office UKVI. If your immigration application has been refused by the Home Office UKVI and you believe the refusal is unlawful, you can scan and email your refusal letter to us on enquiries@sunrisesolicitors.co.uk and we can do free assessment of refusal decision.

Upon assessment of UK visa refusal, our expert immigration solicitors will be able to advise you whether or not there are good grounds for challenging the refusal letter.

Will Entry Clearance Manager (ECM) reconsider the refusal decision before the appeal is decided?

After the Appellant has filed all the documents with the court in the form of Appellant's bundle, the Court will give directions to the Respondent to reconsider the decision refusal decision. It is quite common for the refusal decision to be withdrawn as a result of such reconsideration by the Entry Clearance Manager (ECM) of the refusal decision.

What happens after the Entry Clearance Appeal has been allowed by the Immigration Judge at First Tier Tribunal (FTT)?

If your entry clearance appeal is allowed by the Immigration Judge at First Tier Tribunal, the Respondent has legal right to challenge the decision of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

If the Respondent does not file such application within the prescribed time limit, the Respondent will then proceed to issue the UK visa entry clearance to the Appellant normally within 12 weeks of the appeal determination being promulgated.

What option do I have if my entry clearance appeal is dismissed by the Immigration Judge at First Tier Tribunal?

If your entry clearance appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

FAQs - Immigration Appeal Against Refusal Of In-Country Applications

What kind of refusal decisions can be challenged by way of immigration appeal to the First Teri Tribunal (FTT)?

You can appeal to the First Tier Tribunal (FTT) if your immigration application has been refused by the Home Office UKVI and you have been given right of appeal. 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

Our specialist team of immigration appeals solicitors can provide expert advice and representations concerning following immigration appeals to the First Tier Tribunal (FTT):

Within how many days should I file an immigration appeal to the First Tier Tribunal to challenge refusal of an in-country 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.

How can I challenge the refusal of my UK visa application if I have not been given right to appeal?

In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your immigraiton application for leave to remain.

Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your UK visa application by way of Pre Action Protocol (PAP) and Judicial Review (JR).

What is the court fee for immigration appeal against refusal of an in-country immigration application?

The immigration appeal fee is:

  • £80 without a hearing
  • £140 with a hearing
Can Sunrise Solicitors carry out free assessment of my refusal decision of in-country immigration application?

As part of our free immigration advice service, our expert team of free immigration solicitors can carry out free assessment of UKVI refusal decisions of your immigration application by the Home Office UKVI. If your immigration application has been refused by the Home Office UKVI and you believe the refusal is unlawful, you can scan and email your refusal letter to us on enquiries@sunrisesolicitors.co.uk and we can do free assessment of refusal decision.

Upon assessment of UK visa refusal, our expert immigration solicitors will be able to advise you whether or not there are good grounds for challenging the refusal letter.

What happens after the Entry Clearance Appeal has been allowed by the Immigration Judge at First Tier Tribunal (FTT)?

If your immigration appeal is allowed by the Immigration Judge at First Tier Tribunal, the Respondent has legal right to challenge the decision of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

If the Respondent does not file such application within the prescribed time limit, the Respondent will then proceed to grant leave to remain to the Appellant normally within 12 weeks of the appeal determination being promulgated.

What option do I have if my immigration appeal is dismissed by the Immigration Judge at First Tier Tribunal?

If your immigration appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

Our Team Of Leading Immigration Lawyers

As specialist immigration lawyers, we pride in having one of the best team of specialist immigration solicitors and lawyers with wealth of knowledge and experience to deal with all types of UK immigration matters. Our top rated immigration lawyers have successfully helped thousands of clients with all types of UK immigration applications, appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review (JR).

Following are the leading immigration lawyers and solicitors in our team of immigration lawyers:

Immigration Appeals

Immigration Judicial Review (JR)

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