First-tier Tribunal Immigration Appeal
If your UK visa or immigration application has been refused, our experienced immigration appeal solicitors can provide expert advice on your rights to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). We handle the preparation of immigration appeals with professionalism and dedication.
In this comprehensive guide, we explain:
- Who has the right to appeal to the First-tier Tribunal.
- When a human rights or protection claim is appealable.
- Restrictions on appeal rights.
- Appeal deadlines.
- Grounds for appeal in immigration cases.
- Step-by-step guidance on filing an appeal.
- Processing times for immigration appeals.
- Frequently asked questions about First-tier Tribunal appeals.
We also provide separate guidance on Upper Tribunal appeals, Administrative Reviews, and Judicial Reviews.
What is the First-tier Tribunal (Immigration and Asylum Chamber)?
The First-tier Tribunal (Immigration and Asylum Chamber), or Immigration Tribunal, is an independent court that hears appeals against Home Office decisions on:
- UK entry clearance applications.
- Permission to remain in the UK.
- Deportation from the UK.
This Tribunal has the authority to overturn Home Office refusal decisions.
To speak with an expert immigration appeal lawyer, call 01614644140 or complete our online enquiry form.
Right to Appeal Against a UK Visa or Immigration Decision
Not all Home Office immigration decisions carry a right of appeal. You may appeal to the First-tier Tribunal if the Home Office has:
- Refused your human rights claim or protection claim (asylum or humanitarian protection).
- Revoked your protection status.
- Refused or revoked a residence document or deported you under the Immigration (EEA) Regulations 2016 (where saving provisions apply).
- Revoked your British citizenship.
- Refused or revoked your leave under the EU Settlement Scheme.
- Restricted your rights as a frontier worker, S2 healthcare visitor, or family permit holder.
However, if your asylum or human rights claim is certified as “clearly unfounded,” there is no right to appeal. Such certifications can be challenged through Judicial Review.
If your decision does not include a right of appeal, you might still pursue an Administrative Review or argue jurisdiction before the Tribunal in specific cases, such as a strong family connection in the UK.
Our expert immigration lawyers can assess your case and advise you on your appeal rights.
Appealable Human Rights Claims
Applications Submitted Within the UK
Certain immigration applications made in the UK under the Immigration Rules are considered human rights applications and allow for an appeal if refused. Examples include:
- Long residence applications.
- Family member applications under Appendix FM or Part 8 (e.g., spouse visas, partner visas, child visas).
- Private life applications.
- Applications for HM Forces members or their family.
Applications for leave to remain outside the Immigration Rules may also be treated as human rights claims in specific circumstances.
Applications Submitted Outside the UK
Out-of-country applications under the Immigration Rules that typically allow appeals include:
- Family member applications (e.g., spouse or partner visas).
- Applications for HM Forces members or their families.
If a human rights claim forms part of an entry clearance application, it may also carry appeal rights upon refusal.
Limitations on Appeal Rights
If your human rights or protection claim is certified as clearly unfounded, there is no right of appeal. Similarly, rejections of further submissions as not amounting to fresh claims do not attract appeal rights.
Such certifications can still be challenged via Judicial Review, and expert legal advice is recommended.
Time Limits for Immigration Appeals
Appeal deadlines vary based on your location:
- In the UK: 14 calendar days from the date the decision notice was sent.
- Outside the UK: 28 calendar days from the date you receive the decision.
If an appeal deadline falls on a non-working day, the next working day becomes the final day for submission. Late appeals may be accepted if you provide a valid reason and apply for an extension of time.
Grounds for Immigration Appeals
The grounds for an appeal depend on the type of refusal decision:
- Human Rights Claims: Unlawful under Section 6 of the Human Rights Act 1998.
- Protection Claims: Breach of obligations under the Refugee Convention or humanitarian protection rules.
- EU Settlement Scheme: Breach of rights under the Withdrawal Agreement or related regulations.
Our team ensures your grounds for appeal are carefully prepared and supported by compelling evidence.
How to Appeal a Visa or Immigration Decision
Appeals are typically submitted online via the MyHMCTS service. For certain cases, such as detention appeals or refusals under the EU Settlement Scheme, paper forms are used.
We prepare your case with a robust Appeal Skeleton Argument (ASA) and supporting evidence. This helps narrow issues during the Home Office review, potentially avoiding a tribunal hearing.
If the appeal proceeds, your hearing will be managed actively by the Tribunal, and your immigration lawyer will represent you in presenting evidence and legal arguments.
Immigration Appeal Fees
- Paper Appeal: £80.
- Oral Hearing: £140.
Fee exemptions may apply in cases such as deprivation of citizenship or detention-related decisions.
Contact Deluxe Law Chambers Regarding Your First-Tribunal Immigration Appeal
Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.
We have offices in London and Manchester. However, we provide immigration advice and services nationwide.
Our commitment to affordability means that you can receive expert advice without straining your finances. Our success hinges on transparency. We believe in keeping you informed about every step of the process, ensuring that you understand your options and the potential outcomes.
- REGULATED – We are regulated and approved by the Solicitors Regulation Authority (SRA) to provide immigration advice & services.
- EXPERIENCE – Our firm rests on specialist immigration lawyers and solicitors with years of experience. Our well-earned experience distinguishes us from others.
- EXPERTISE – As your immigration lawyer, we offer unparalleled expertise. We don’t just understand and interpret the law, we keep an eye on the slightest changes.
- AUTHORITY – Our authority isn’t just about legal powers but is gained through genuine care and successful outcomes for our clientele. So, why choose just a lawyer when you can choose a trusted authority?
- TRUST – Our commitment to uphold your trust is unwavering. Our transparency and ethical conduct are treatments for the trust placed in us by our clients.
- DIRECT ACCESS – At Deluxe Law Chambers as your immigration lawyers, you will have direct access to your qualified lawyer 24/7.
- REMOTE SERVICES – We are able to provide a fully digital service, and you may never have to visit our offices for 9/10 immigration cases.
- AFFORDABLE – We are a law firm with an affordable and fixed fee plan. We offer two installments to ensure you can pay easily.
A combination of our rich experience, deep-rooted expertise, trust authority, and unwavering commitment to our clients makes us your best choice.
So, why wait? Take your first step towards a successful immigration application with us.
Frequently Asked Questions (FAQs)
How Long Does the Appeal Process Take?
The timeline varies but typically takes several months to a year, depending on case complexity and Tribunal workload.
Can I Work While My Appeal Is Pending?
It depends on your immigration status; consult with your solicitor to understand your rights.
Do I Need a Solicitor for My Appeal?
While not mandatory, having legal representation significantly improves your chances of success.