020 8884 1166

 

 

 

Immigration Appeals and Administrative Reviews
   

If you have been refused a visa, an extension of leave to remain or have been refused a points based system visa and have been provided with a right to appeal or been told that you can submit an Administrative Review, the need to obtain immediate professional and accurate legal advice is essential.

There are two main categories of visa refusals; the first is where an application is made in-country to the Home Office and the second, is where an application is made out of country or in your home country, usually at a British High Commission.

The most common types of appeal rights arise from visa refusal in the following categories:

  • Human Rights appeals

  • Removals/Deportation appeals

  • Dependant appeals

  • Spouse/Fiancé visa appeals

  • EEA Regulation appeals

  • PBS administrative reviews

Once an appeal is lodged at the Immigration Tribunal, within the deadline specified, it usually takes 6 months for the appeal hearing to be scheduled. You will have the option to elect the hearing to be dealt with “on the papers” or by an “oral hearing”. At an oral hearing, a Barrister should be present to argue to the case of the “Appellant”- this is the term used to describe the person who is appealing the refusal decision. During an oral hearing, witnesses can be called to give evidence on behalf of an Appellant with the aim of convincing the Immigration Judge to overturn the refusal decision and to allow the Appellant leave to enter or remain in the UK in the visa category they requested. Ultimately any appeal decision is based on the legal arguments and factual evidence provided in the application and the Grounds of Appeal which is why is it so crucial to have the right legal team to represent you. A decision can be expected from the Immigration Judge usually within 4 weeks of hearing the appeal.

It should be noted that if the Immigration Judge refuses the Appellant’s appeal at this stage and does not overturn the refusal notice, then the Appellant can still appeal further to the Upper Tribunal and there are still legal remedies available to try and win an appeal such as making an application to appeal to the Upper Tribunal and to the Court of Appeal. One additional route to appeal open to both Immigration Appeals and Administrative Review, is to issue Judicial Review Proceedings in the High Court.

Greenfields Solicitors are experts in all types of Immigration and Human Rights matters. This area of law is complex and constantly changing which means that you have to be sure you have up to date and accurate legal advice. Greenfields Solicitors offers advice and representation at an early stage to help give your appeal the best chance of success. Call us now on 020 8884 1166.

Greenfields Solicitors. The name you can trust in Immigration and Human Rights law.
Your success is our success.

 

 

Contact Us

+  Greenfields Solicitors
    6 Market Parade
    Winchester Road
    London N9 9HF

+  Tel: 020 8884 1166
Email:
info@greenfieldssolicitors.com