VISA REFUSALS, IMMIGRATION AND ASYLUM APPEALS First-tier Tribunal (Immigration and Asylum Chamber) (Formerly AIT)
Upper Tribunal (Immigration and Asylum Chamber)
Legal Centre provides a specialist appeals service. We deal with Asylum and Immigration appeals. Our lawyers are experienced immigration specialists, who are qualified to the highest level with the Office of the Immigration Services Commissioner (OISC, Level 3 in all categories, including) Immigration appeals, Entry clearance appeals, Visitor appeals, EEA appeals, Deportation appeals, Removal appeals, Deprivation of Citizenship appeals, Human Rights appelas, represe nting clients and their relatives before judges at the relevant courts accross the UK.
Submit a copy (please make sure that you do attach a copy !) of your visa refusal, and our advocates will get in touch with you with the available options.
We can help you with the following types of visa refusals, appeals and bail applications : Outside of the UK visa refusals – Entry Clearance appeals : Visitor visa refusal (family member only) appeal Fiance(e), spouse, children, dependant relatives visa refusal appeals - EEA Family Permit refusals
Outside of the UK visa refusals under Tier 1-5 categories – Administrative Review reconsideration requests: - Tier 1, 2, 4 & 5 visa refusals administrative review requests
In-country visa refusals : - Various visa extensions/variation of leave (switching ; changing your status) refusals
- Grant of Indefinite Leave to Remain (ILR) refusal
- Deprivation of British Citizenship
On entry (port) refusals : - Curtailment and/or cancellation of leave to enter or remain (that is refusal to let someone into the UK with a valid visa)
Special types of outside of country appeals : - if you are removed from the UK or while in the UK you do not have a right of appeal (overstayers etc) (you can only appeal when you leave the UK, that is from outside of the UK)
Other types of appeals : - Asylum appeals
- Appeals on humanitarian grounds
- Appeals on discretionary grounds
- EEA nationals & their family member appeals
Bail applications : - CIO bail
- Immigration judge bail
Refusals frequently occur when applicants have not had professional help with their application. There are generally two areas where people have problems with this: Refusals of Entry Clearance following an application lodged at a British Overseas post. In this situation an application will have been lodged and found to be none compliant with the requirements and the applicant may be given the opportunity to appeal against the refusal In the event of a refused Entry Clearance to the UK when the applicant is in a foreign country it is extremely important contact is made with immigration lawyers, such as ourselves. This should be done immediately when the refusal occurs. Most refusals of Entry Clearance have an appeal facility in order the reasons for refusal may be considered by an independent authority. Most refusals can be appealed. The appeal must be submitted within the strict time limit, as is required in accordance with the legal requirements. This is usually within 28 days of the date of refusal. Lodging an appeal is not a formality and those intending to lodge an appeal should be aware that appeals are progressed in the UK. It is important a UK representative is appointed who can lodge the appeal with the British Diplomatic post or appellate authority within the time frame and progress the case through the immigration appeal court in the UK. Lodging an appeal correctly may avert lengthy delays. All appeals take place in the UK and take on average 6-9 months to complete. It is not just a simple matter of filling out a form. The correct legal terminology should be used, as the correct Grounds of Appeal will permit the appeal to progress efficiently and with some meaning to the authorities dealing with it! Immigration appeals are held at an Immigration Appeal Court in the UK and administered by the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) (Formerly AIT).
The appellant does not have to be present for the appeal in the UK, and in most cases can not be anyway. The appeal is therefore negotiated by a representative in the UK, which can be the sponsor, UK partner, relative or a UK legal representative such as lawyers from our firm, appointed and instructed by the sponsor in the UK. It may not be in the appellant’s best interests to use a voluntary organization ask the sponsor to progress the appeal themselves since this is complex and legally demanding. Immigration specialists such as ourselves can deal with appeals. Applications refused after being lodged in the UK may also be appealed. However in this case the time limit within which an appeal must be lodged is 10 days if a person is not detained and 5 working days if a person is in detention. What we can do for you As British lawyers, we will do our best and even go that extra mile for you. We can help you with the necessary advice, instructions, preparation and representations that will be needed to ensure that your application meets the Tribunal’s requirements. Please expect us to do the following for you, when you instruct us to represent you or a member of your family: - Full and professional assessment of your case
- Advice on whether you should appeal or it would be better to lodge a fresh application
- Strong and weak points of your appeal
- Advice on correct list of documents
- Advice on evidence required
- Lodging your Grounds of Appeal to the Asylum and Immigration Tribunal (AIT)
- Instructing your sponsor, relative, employer
- Summarizing your evidence
- Drafting skeleton argument – the core of your appeal
- Creating a professionally looking paginated appeal bundle
- Drafting representations and cover letters to the Home Office/British Diplomatic Post
- Working with interpreters (if required)
- Submission your appeal bundle to the Asylum and Immigration Tribunal (AIT) and the Home Office Presenting Officer (HOPO)
- Correspondence with the Home Office/British Diplomatic Post/AIT/HOPO etc
- Keeping you updated by post, E-mail or phone on the progress of your appeal at every stage
- Personal attendance by our specialist lawyer of the court hearing (if instructed so by the appellant)
- Advising you on the outcome of your appeal
- Lodging reconsideration request (if required/instructed)
- Advising you on other possible remedies if something goes wrong
- Working with the British Diplomatic posts in relation to issuing you a visa after a successful appeal
The above list is not exhaustive as we treat every client's case individually. Please do not hesitate to contact us for a professional immigration advice. |