In case of refusal, you can challenge that decision through immigration appeal if your immigration application has been refused by the Home office UKVI.
A person may appeal to the Tribunal under section 82 of the Nationality, Immigration, and Asylum Act 2002 if a decision has been made to either:
If you are appealing a decision made by the Immigration Health Surcharge, you must appeal it within 14 days after receiving notice. If you’re appealing an unfavorable immigration health surcharge decision from inside the United Kingdom, you must submit your appeal within 14 days after receiving notification of that determination. If you’re appealing a rejected visa application outside the UK, you must do so within 28 days after receiving notification of that result.
In certain instances, an applicant who has made an in-country request for a right of appeal may be allowed the out-of-country right of appeal, which should be submitted to the First-Tier Tribunal within 28 days following their exit from the country.
Following are the various appeals that can be filed with the First Tier Tribunal against decisions of the Home Office, UKVI:
The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record that hears appeals against decisions made by the First-tier Tribunal (Immigration and Asylum Chamber) (F-tT). One of its major goals is to hear and decide appeals against decisions rendered by the First-tier Tribunal in immigration, expulsion, asylum, nationality, and human rights cases. The Upper Tribunal (UT) will evaluate whether or not the FTT judge made a material error in determining the immigration appeal in question.
We can provide expert legal assistance and guidance for the following matters involving appeal to the Upper Tribunal (UT) as specialist appeal lawyers for UK immigration:
An appeal to the Court of Appeal (Civil Division) is possible after an appeal to the Upper Tribunal (UT) is denied. The Immigration Tribunal’s decision can be challenged by appealing to the Court of Appeal (Civil Division). Permission to appeal must be given either by the Upper Tribunal (UT) or the Court of Appeal for
We specialize in immigration appeals and provide expert legal advice and assistance for the following issues related to appeals to the Court of Appeal:
A Cart JR is a legal matter undertaken by way of Judicial Review against a decision made by the Upper Tribunal (UT), Immigration and Asylum Chamber, to refuse permission to appeal a First-Tier Tribunal determination/decision in circumstances where there is no further right of appeal to the Court of Appeal. It’s a challenge based on a Supreme Court ruling in Cart’s case.
The government has given the Home Office permission to certify a certain type of appeal as “certified” to discourage undocumented immigrants from appealing their cases. When an individual is given notice that their case has been certified, they’re told that they can’t appeal the decision and must leave the country. If you’ve been served with a certification notice and want to appeal the decision, you’ll need to contact our firm immediately to discuss your legal options.
Also, a JR needs to be bought within 16 days of the Upper Tribunal’s decision. The time limit for appealing a Home Office decision to the Court of Appeals in 14 days from receiving notice of that determination. So a JR may be the only opportunity to challenge an Upper Tribunal’s decision.
If you have been served with a certification notice or have other concerns regarding appeals to the Upper Tribunal (UT), UKVI, we can help. Contact our firm today and speak with our immigration appeal lawyer.
The following are the various steps that must be taken to challenge the Upper Tribunal’s decision not to appeal to the Supreme Court:
The Supreme Court may only hear appeals from any order or judgment of the English and Welsh or Northern Ireland Court of Appeal with the permission of the Court of Appeal. The first step in obtaining authorization to appeal is to apply with the Court of Appeal. If that court refuses your request, you can proceed to The Supreme Court.
The following are the various phases of an immigration appeal to the Supreme Court to challenge a court decision:
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.
After the Appellant has filed all the documents with the court in the form of Appellant’s bundle, the Court will give directions to the Respondent to reconsider the decision refusal decision. It is quite common for the refusal decision to be withdrawn as a result of such reconsideration by the Entry Clearance Manager (ECM) of the refusal decision.
If your entry clearance appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.
In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your immigraiton application for leave to remain.
Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your UK visa application by way of Pre Action Protocol (PAP) and Judicial Review (JR).
If your immigration appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.