Appeals

Appeals against refusal of UK Visa

You can file an entry clearance appeal to the First Tier Tribunal (FTT) against the refusal of your UK visa/entry clearance application within 28 days of receiving the refusal decision. You can only appeal to the FTT if you have the legal right to appeal against the refusal of your UK visa application. You will usually be told in your UK visa refusal letter whether or not you have a right to challenge the refusal by way of an appeal.

Appeal against refusal of In-Country Applications

You can appeal to the First Tier Tribunal (FTT) if your immigration application has been refused by the Home Office UKVI and you have been given right of appeal. Under section 82 of the Nationality, Immigration and Asylum Act, 2002, a person may appeal to the Tribunal where a decision on an in-country application has been made to either:

  • refuse a protection claim

  • refuse a human rights claim

  • revoke protection status

    You can challenge the refusal decision of the Home Office to refuse your in-country application for permission to stay in the UK by way of an immigration appeal to the First Tier Tribunal (FTT) if you have been given a right of appeal against the refusal of your immigration application. You will usually be told in your UK visa refusal letter whether or not you have a right to challenge the refusal by way of an immigration appeal. The immigration appeal to the FTT should be filed within 14 days after the Home Office, UKVI sent the notice of decision to the appellant.

    Appeal to First Tier Tribunal after leaving the UK

    You can file an appeal within 28 days of leaving the UK if you have been given out of country right of appeal against the refusal of your immigration application.

    No Irreversible Harm

    Section 92 of Nationality, Immigration and Asylum Act, 2002, sets out where an appeal will take place. It should be read together with sections 94 and 94B which relate to certification when an appeal that would otherwise take place in the UK must be lodged after the appellant has left the UK. If there is no irreversible harm in appealing from outside the UK, an

applicant may not be granted an in-country right of appeal against refusal of an in-country immigration application.

Certification Of Human Rights Claim

The Secretary of State for the Home Department (SSHD) has certification powers which have the effect of requiring a person to appeal from outside the UK. The powers can be exercised If the applicant makes a:

  • protection or human rights claim under section 94(1) of the 2002 act and the claim is clearly unfounded;

  • protection or human rights claim under section 94(7) and they are to be removed to a third country where there is no reason to believe that their human rights will be breached;

  • protection or human rights claim under Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 act and it is proposed to remove them to a safe country for that claim to be considered;

  • human rights claim certified under section 94B of the 2002 act where if they are removed there is no real risk of serious irreversible harm before any appeal is concluded.

    Application to First Tier Tribunal for permission to appeal to Upper Tribunal

    An application to the First-tier Tribunal for permission to appeal to the Upper Tribunal can be made after dismissal of the appeal by the Immigration Judge. Our specialist team of appeal lawyers can provide fast, friendly, reliable and fixed fee legal service for your application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

    Time Limit For Filing Permission Application

    The application for permission to appeal must be filed with the First Tier Tribunal (FTT) within 14 calendar days of the date the appeal determination was sent to you by the First Tier Tribunal and 28 calendar days if the appellant is outside the UK.

    Grounds For Permission Application

    An application to the First Tier Tribunal for permission to appeal to the Upper Tribunal can be made on the grounds that the Immigration Judge who determined the appeal at the First Tier Tribunal made a material error of law in deciding the appeal which renders the determination of the Immigration Judge materially erroneous in law.

    Application to Upper Tribunal for permission to appeal to Upper Tribunal

    You can apply to the Upper Tribunal for permission to appeal to the Upper Tribunal against the determination of the First Tier Tribunal Judge after the refusal of permission by the First Tier Tribunal. Our specialist team of appeal lawyers can provide fast, friendly, reliable and

fixed fee legal service for your application to the Upper Tribunal for permission to appeal to the Upper Tribunal.

Time Limit For Filing Permission Application

The application for permission to appeal must be filed with the Upper Tribunal within 14 calendar days of the decision on the permission application was sent to you by the First Tier Tribunal and within 28 calendar days if the appellant is outside the UK.

Grounds For Permission Application

An application to the Upper Tribunal for permission to appeal to the Upper Tribunal can be made on the grounds that the Immigration Judge who determined the appeal at the First Tier Tribunal made a material error of law in deciding the appeal which renders the determination of the Immigration Judge materially erroneous in law.

Further information, help, and advice

Our team of specialist immigration lawyers has years of experience in UK Visas and immigration matters. We are registered with the OISC at Level 3 to provide Immigration advice and services.

For more information and advice on UK immigration law, UK visa applications, and appeals please contact us on 0203 488 2308 or at Info@worldwideimmigration.co.uk

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