Immigration Appeals
What is an Immigration Appeal?
- Not all refusals have a right of appeal. You will have received a Decision Letter, which will make it clear whether or not you can appeal and whether you can stay in the UK while you do.
- It is vital you read and understand the Decision Letter and act quickly. Our team can help advise you on your best next steps.
Who can appeal a UK immigration decision?
Decisions that can be appealed
- Deprivation of British Citizenship.
- Protection claim refusals and revocations (covering Asylum and Humanitarian claims).
- Refusal of a Human Rights claim. (Most commonly engaging Article 8 of the European Convention on Human Rights.)
- Decisions under the EU Settlement Scheme, including refusal of status and refusal of a family permit. Plus, certain legacy decisions under EEA free movement law.
Decisions that can’t be appealed
- Refusals based on points-based systems. This includes the Skilled Worker, Student, Graduate and Global Talent visas. In each case, Administrative Review applies instead.
- Visitor visa refusals.
- Most refusals where no protection or human rights claim has been made.
What documents do you need for an immigration appeal?
To file when first lodging your appeal
- A copy of your Home Office decision letter and refusal notice, in full.
- A statement of the grounds of your appeal, drafted against the specific findings in the decision.
- Evidence of the fee payment (or the basis of an exemption or remission claim).
Witness statements
You will need to write a witness statement from yourself (the applicant), addressing every adverse finding in the decision.
You may also need witness statements from your Sponsor, Partner, Family members and any supporting witnesses.
Relationships and family
If your refusal was on grounds of family or relationships (likely in family and Article 8 appeals), you may need relationship and cohabitation evidence.
This could include tenancy agreements, joint accounts, correspondence and photographs across the relevant period.
Children
Where children are involved, school records, and material bearing on the best interests assessment under section 55 of the Borders, Citizenship and Immigration Act 2009 may be required.
Medical evidence
Where health or vulnerability is part of your application, you will need to share medical evidence / reports including independent expert reports.
Country background
Where the situation in the country you are coming from is central to your application’s refusal, you will need to gather and share country background evidence and country expert reports.
This is most relevant in protection appeals.
Important notes on evidence
An appeal is not a second application. The tribunal is deciding whether the refusal was right in law and on the evidence - so the evidence bundle must be built to answer the reasons given in the refusal.
However, new evidence can be admitted in most appeals (unlike an administrative review, which is confined to reviewing whether the decision was made correctly on initial evidence).
All evidence will need to be listed in a clear index and a chronology, with the bundle paginated in accordance with the Procedure Rules and the directions issued.
How does the immigration appeal process work?
The appellant or the representative lodges the appeal with the First-tier Tribunal (Immigration and Asylum Chamber). Represented appellants must lodge through MyHMCTS unless the appellant is detained.
The appellant selects a decision on the papers or an oral hearing, and pays the corresponding fee or claims an exemption.
Grounds of appeal are filed, identifying the errors of law and fact in the decision and the evidence relied upon.
The Home Office files its bundle and a review of the decision. Delay at this stage is common and is a recognised cause of case drift.
The tribunal issues directions and, where listed, holds a case management review.
The appellant files the appeal bundle in accordance with the directions, paginated and indexed.
The appeal is determined at a hearing, frequently by video link, or on the papers where that has been elected.
The judge issues a written determination allowing, dismissing or remitting the appeal.
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Cost Breakdown
In our clients' own words.
“After our ILR rejection, AY&J pursued our case through Administrative Review and Judicial Review. The team was open, honest, knowledgeable and attentive to every detail. They kept us informed at every stage, supported us throughout an extremely difficult journey and helped us regain confidence in our case.”
“My Tier 2 General case was extremely complex. My previous visa had expired. My Administrative Review was refused. My wife and I had lost the right to work. AY&J handled the case carefully and in detail. This resulted in my Tier 2 visa being approved within ten days.”
“Even after a rejection of my Initial Application, they managed to overturn the decision in Administrative Review with very strong arguments.”
Frequently Asked Questions
Costs and support
Our team has experience in judicial review and can support you through the whole ILR process. We work on fixed fees and reply quickly. Where deception concerns may come up, we can also prepare legal representations to go with your application.
Costs and support
If you lose, you may have to pay UKVI's legal costs as well as your own. If your challenge succeeds, UKVI may have to pay your costs. We explain the cost risk to you before you decide to go ahead.
Process and deadlines
Yes. UKVI can review its decision or grant ILR at any point up to the hearing. In many cases, the matter is settled this way before it reaches a full hearing.
Process and deadlines
You have three months from the date of the UKVI decision to start a judicial review. Judicial review is a remedy of last resort, so the pre-action letter to the Home Office must also be sent within this time. Contact us as early as you can.
Process and deadlines
There are four main stages.
- Assessment: we check whether your case meets the judicial review criteria.
- Pre-action stage: we write to the Home Office and try to settle the matter without going to court.
- Formal application: if that fails, we apply to the court for judicial review.
- Settlement: UKVI can change its decision or grant ILR at any point up to the hearing.
Judicial review basics
Yes. Many ILR applications have been refused under paragraph 322(5) because of past tax amendments. In these cases, an honest mistake on a tax return is often treated as deception. Paragraphs 322(2) and 322(5) can also treat errors in an application as deception. These refusals can be challenged by judicial review where the decision is wrong in law.
Judicial review basics
Often, yes. Even where the refusal letter says there is no right of appeal, a judicial review may still be available. We first check whether your case meets the strict judicial review criteria and whether you have an arguable case.
Judicial review basics
A judicial review is a way to ask the court to check whether a public body made its decision lawfully. Here, the public body is UK Visas and Immigration (UKVI), and the decision is the refusal of your Indefinite Leave to Remain (ILR). The court looks at how the decision was made. It does not simply take a fresh look at your application.
Costs and timing
The same day where we can. The 14-day clock is tight, so we work from the date on your decision from the first call.
Outcomes and alternatives
Sometimes that is the better route, especially where new evidence would answer the refusal. We advise honestly on appeal versus fresh application.
Outcomes and alternatives
You may be able to appeal to the Upper Tribunal, but only on a point of law. Not simply because you disagree. We assess whether there is an arguable legal error.
The appeal process
If you were in time when you applied and appeal in time, 3C leave can still protect you. If not, take advice at once, as your position is more urgent.
The appeal process
If you appeal in time from inside the UK, Section 3C leave usually protects you. It keeps your status and right to work in place until the appeal is decided.
Costs and timing
It can be, for asylum, human rights, and deportation appeals, for those who qualify. We can tell you whether your case may be eligible.
Costs and timing
You can request an expedited hearing on compelling or compassionate grounds, supported by evidence. A judge decides whether to grant it.
Costs and timing
The tribunal is heavily backlogged. Most appeals now take 12 to 18 months, and asylum appeals recently averaged around 67 weeks.
Costs and timing
Yes. There is no tribunal fee for a deprivation of citizenship decision or a protection status revocation. The same applies to an EEA removal or a detained asylum case.
Costs and timing
The tribunal fee is £80 for a paper decision or £140 for an oral hearing. Our fee to prepare and argue it is on top, and agreed before we start.
Outcomes and alternatives
The tribunal allows your appeal, and the Home Office must reconsider in line with the decision. We make sure the outcome is actioned.
The appeal process
For an oral hearing, yes, and we prepare you to give evidence. We attend and represent you throughout.
The appeal process
Usually, if you choose an oral hearing. A judge hears your evidence and the Home Office response before deciding. Some appeals are decided on the papers.
The appeal process
Yes. Unlike judicial review, a tribunal appeal rehears the merits. New evidence that answers the refusal is central to a strong case.
The appeal process
14 calendar days from the date on the decision if you are in the UK. It is 28 days if you are outside it. The tribunal can extend time only in limited cases.
Your right of appeal
We will tell you, and point you to the right route. For many refusals that is judicial review, which we also handle. You are not left without options.
Your right of appeal
Usually not, unless it engaged human rights. Most visit visa refusals have no appeal, and the route is a fresh application or judicial review.
Your right of appeal
An appeal is a fresh look at the merits by a judge who can allow your case. Judicial review only checks whether the decision was lawful, and cannot remake it.
Your right of appeal
The refusal letter usually states it. If it is unclear, send it to us. We will confirm whether an appeal exists, and on what grounds, the same day.
Your right of appeal
It depends on the decision. A refused human rights or protection claim usually carries a right of appeal. A visit visa, most ILR, and sponsor licence refusals do not, and go to judicial review instead.
Immigration Appeal Success Stories
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