Immigration: Refusals, Appeals and Challenges
If you receive a refusal decision on an immigration application, our solicitors can advise you on your rights of challenge. Immigration appeals are heard by Judges in the Immigration and Asylum Chamber and Clifford Johnston solicitors can advise at any stage of the appeals process. This means no matter whether you have just received a decision, have already lodged an appeal, are awaiting or have already had a hearing, we can offer you legal advice. We can assist with appeals in the First-Tier Tribunal and the Upper Tribunal.
Increasingly, immigration appeal rights are being restricted, if you are not sure on your rights of appeal or have any other legal immigration questions then contact our team today.
Immigration appeals are subject to strict time limits and our solicitors can advise you on the time limits relevant to your case.
You may wish to ask the Tribunal to consider specific documents for your appeal hearing, the rules around documentary evidence in the Immigration and Asylum Chamber are complex and you might not be sure if your new evidence to be considered.
Our immigration solicitors can advise you on which documents you can rely on and the chances of your appeal succeeding.
You might also be able to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
- refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
- refused your human rights claim
- made a decision under the European Economic Area (EEA) Regulations, for example the Home Office has decided to deport you or refused to issue you a residence document
- decided to revoke your protection status
- decided to take away your British citizenship
- Where you do not have a right of appeal, our solicitors are experienced in advising on Administrative Review and Judicial Review challenges against refusal decisions.
Appeal from within the UK
You can only appeal to the Tribunal if you have the legal right to appeal and you’ll usually be told if you do in your decision letter.
Your decision letter will tell you if you can apply for an administrative review if you don’t have the right to appeal.
You have 14 days to appeal after the date of your decision. If you apply after the deadline, you must explain why and the Tribunal will decide if it can still hear your appeal.
If you’ve been refused a Tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review.
Appeal from outside the UK
You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why and the Tribunal will decide if it can still hear your appeal.
Where you do not have a right of appeal, our solicitors are experienced in advising on Administrative Review and Judicial Review challenges against refusal decisions.
Challenging Removal from the UK
Immigration officers can use their powers to detain individuals who enter the UK or who are subject to removal from the UK. Detention should be the exception and the Home Office must be able to provide reasons to justify detention at all times.
Clifford Johnston Immigration solicitors are able to provide advice and representation on challenging the reasons for detention if they can establish that this is not lawful, or to seek release from detention (known as immigration bail) on your behalf.
Bail can be requested from a Chief Immigration Officer or an Immigration Judge In the Immigration and Asylum Chamber. In order to succeed with an application for bail, you will need to show that you will comply with conditions attached to your bail and that you have a friend or relative who can pay money out on your behalf if you fail to comply with your conditions.
Our solicitors can advise on your rights to challenge decisions made by UK Visas and Immigration to detain you or to remove you from the UK – contact our expert immigration solicitors today, to see how we can help your immigration case.