If you have made an immigration application to the Home Office or a British Embassy abroad and the visa application has been refused, but you have been provided with a RIGHT OF APPEAL, then the need to obtain immediate professional and accurate legal advice is critical. Having the right legal advice and the legal team behind you at the onset of an appeal, can often be the reason why an appeal is successful and the relevant visa will be issued to the Applicant.
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 Embassy or 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
The Immigration Appeals process
Once an appeal is lodged at the Immigration Tribunal, within the deadline specified (usually 14 days or 28 days depending on where the refusal decision is issued), it usually takes around 12 months for the appeal hearing to be heard before an Immigration Judge. You will have the option to select the hearing to be dealt with “on the papers” or if you prefer, at 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 had initially 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 further legal remedies available to try and win an appeal such as making an application to appeal to the Upper Tribunal as well as to the Court of Appeal. A further additional route to appeal open to both Immigration Appeals and Administrative Review, is to issue Judicial Review proceedings which are now heard at the Upper Tribunal. The immigration appeals procedure can be complex, time-consuming and challenging for the both the Appellant and also their family members so it is vital to ensure that the very best legal advice on the case is sought at the beginning of any appeal to ensure that the best result can be obtained at an appeal- successful outcome at the actual appeal hearing.
Greenfields Solicitors are experts in all types of Immigration and Human Rights matters and have an extremely high success rate in representing and succeeding in immigration and human rights appeals. Our attention to detail and meticulous approach in preparing appeals is the primary reason why our clients continue to succeed in their appeal matters. We offer in-house advocacy services which means that your case will usually remain with the same Solicitor from beginning to end at the firm which gives our clients added assurance that their case is in the best legal hands at all times. This area of immigration law is complex and ever-evolving which means that you need to be sure that you have up to date and accurate legal advice from your legal team at all times- the Immigration lawyers at Greenfields Solicitors pride themselves on their knowledge and experience, which our clients can testify too- click here to read what our clients have to say about us. 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 – we can help you.