Appeals

If you are refused entry clearance to the UK or if you are in the UK and have been refused permission to remain here for an extended period, you may have a right in law to appeal against that decision.

However not all refusals carry a right of appeal. There are very tight time limits for lodging appeals, and if not submitted in time it may not be accepted which can result in loosing your right to appeal altogether.

Appeals are decided by Immigration Judges, sitting at the Asylum and Immigration Tribunal (AIT). These Tribunals are based all over the UK. All appeals including those made from abroad are decided in the UK.

Appeals may either be decided ‘on the papers’ (paper hearing), on the basis of written evidence submitted by you and the Home Office – or at an oral hearing, where we on your behalf can submit legal arguments before the Immigration Judge against the Home Office official.

If you are in the UK you will usually have the right to remain here whilst your appeal is decided. The Immigration Judge may either uphold your appeal, which means that the Home Office will usually grant you the leave you were seeking, or dismiss it, which means that the Home Office decision will be upheld in which you will usually have to leave the UK.

It is very important to seek professional advice as soon as you are refused due to the strict procedure of tight time scales and the complication of the Immigration law.