Once a decision is made in the UK you have a 14 day period to lodge your appeal where such right exists or is granted by the decision-maker. Decisions made outside of the UK will usually attract a 28 day period to lodge an appeal. All appeals can be lodged online, by fax or by post to the Immigration and Asylum Chamber.
Different types of appeal
Whether you have a right to appeal will depend on factors such as the type of application lodged and whether your application was lodged at the time you had a valid visa to remain or enter the UK.
Once you have been granted a Right of Appeal, you can ask for your appeal to be heard either orally or on paper. An oral hearing will give you the opportunity to appear before a neutral Immigration Judge to give evidence and to be cross-examined if you are already in the UK.
An appeal on paper means that your appeal will be considered by the Immigration Judge based on your documentary evidence alone.
You may also be granted a right to what is termed as Administrative Review if you lodge an application under the Points Based System and your application is refused. An Administrative Review is also a type of appeal but it is less laborious and reviewed by an official of the Secretary of State rather than a neutral person such as an Immigration Judge.
Even if you do not have a Right of Appeal, we may still be able to challenge the decision by way of Judicial Review depending on the circumstances. It is vital to seek advice from qualified solicitors to ensure your case is given the best possible chance of success.
How we can help you
If you wish to lodge an appeal we have the expertise to present your case in the most effective way. In some instances, we may be able to manage your case so that you do not have to go through the whole appeal process which could take anything between a year and eighteen months to be listed for hearing.
Through a detailed review of the refusal letter, we will aim to compile extra or alternative supporting documents to rebut the decision maker’s assertions.
Even in situations where your appeal has already been lodged, we can still take over and provide further evidence to the tribunal if we consider this necessary.
We are also able to seek a review of the refusal once the appeal is lodged, where we believe there is a possibility of the decision being reversed rather than the case going before a Judge.