Immigration Appeal Solicitor

If your visa or immigration application has been refused by the Home Office, you may have the right to challenge that decision. Law and Justice Solicitors are specialist immigration appeal solicitors with our head office in Wednesbury, West Midlands and a consultation facility in Ilford, East London. We represent clients at every level of the tribunal and court system.

Your Right to Appeal

Not every immigration refusal carries a right of appeal. Whether you have a right of appeal will depend on the type of application refused, where you are located, and the reason for refusal. A right of appeal is most commonly available in cases involving asylum and protection claims, human rights claims, family visas where the applicant is in the UK, and EEA rights of residence.

Types of Appeals

First-tier Tribunal

The First-tier Tribunal (Immigration and Asylum Chamber) is the main immigration appeal body. Most immigration appeals are heard here in the first instance. The deadline for lodging an appeal is usually 14 days from the refusal if you are in the UK, or 28 days if you are outside the UK.

Upper Tribunal

If your First-tier Tribunal appeal is dismissed, you may be able to appeal further to the Upper Tribunal on a point of law. The Upper Tribunal considers whether the First-tier Tribunal made a legal error rather than re-hearing all the evidence.

Court of Appeal

In cases where the Upper Tribunal has itself made an error of law, it may be possible to appeal to the Court of Appeal. Permission is required and is granted only where the case raises a point of law of general public importance.

The Appeal Process Timeline

• •Refusal decision received.
• •Notice of Appeal lodged within the deadline (usually 14 or 28 days).
• •Appeal bundle prepared and submitted.
• •Hearing listed before an immigration judge.
• •Decision issued by the tribunal.
• •Further appeal or application for permission to appeal if required.

Grounds for Appeal

The grounds available will depend on the type of case. In asylum and human rights cases, the grounds are that the decision is unlawful under the Human Rights Act 1998 or that you qualify for refugee protection. In other cases the grounds may include that the decision was not in accordance with the Immigration Rules or that it breaches your human rights.

Our Success

We prepare every appeal with care and thoroughness. We will only take on an appeal where we believe there are genuine and arguable grounds. Our solicitors have experience representing clients at all levels of the tribunal system in a wide range of immigration and asylum cases.

Frequently Asked Questions

How long does an immigration appeal take?

Due to significant backlogs at the First-tier Tribunal, waiting times for a hearing are currently around 18 months from the date the appeal is lodged. Waiting times can vary depending on the case type and the tribunal’s workload.

What are my chances of success at an immigration appeal?

We cannot predict the outcome of any individual case. The prospects of success will depend on the strength of your evidence, the grounds of refusal, and the legal arguments available. We will give you an honest assessment of your case before advising you to proceed.

What happens at an immigration tribunal hearing?

The hearing takes place before an immigration judge. Both parties present their evidence and legal arguments. You will usually be required to give oral evidence. The judge will then issue a written decision, which may be given on the day or sent out at a later date.