Stage 1
The Entry Clearance Officer issues a notice of refusal. For an application made outside of the UK there is a strict deadline of 28 days after the receipt of the refusal to lodge an appeal.
Appeals Support
Immigration Appeals
As OISC level 3 advisers we are deemed to be advocates/specialists and are fully qualified to represent clients in front of Judges at appeal hearings at the Immigration Tribunal.
Immigration Appeals
Appeal support scope
As OISC level 3 advisers we are deemed to be advocates/specialists and are fully qualified to represent clients in front of Judges at appeal hearings at the Immigration Tribunal, both First and Upper Tribunals, or in meetings with the UK Border Agency/Home Office.
We regularly handle appeals on behalf of solicitors, OISC Level 1 and 2 firms, and private individuals who previously applied through another agency or by themselves.
Fees depend on the complexity of a case and the whereabouts of the hearing. Our fees are in two stages, firstly the preparation of the grounds for appeal and then the preparation and attendance at Court.
Frequently it is not necessary to go for the long winded process of a full appeal when the Embassy are in the wrong. We are legally entitled to challenge the decision by the Embassy and ask them to review it without launching a full appeal.
This is often a less expensive and quicker route. Please contact us to discuss your case and the best way forward.
Administrative review summary
It is untrue that, following the Immigration Act 2014, appeals can only be brought under the Human Rights Act.
The new 2014 Act removes the full right of appeal for some visas on many grounds leaving only appeals on Human Rights grounds, Refusal of Protection, Revocation of Protection Status and EEA based claims as the only grounds for appeal to the Tribunal.
All other appeals will be dealt with by way of administrative review which means the grounds for appeal will be dealt with by the relevant visa section who will look again at the case. Settlement visa applications are still subject to a full appeal to an Immigration Judge.
UKVI administrative review carries its own fee (historically £80.00), and preparing a review case has been in the region of £200-£250 depending on complexity. It has been presented as quicker and cheaper, but outcomes vary by case.
Full appeal stages
Stage 2
The official appeal form is completed and the Grounds for Appeal are prepared. The grounds state in legal terms why the refusal is incorrect and refer to legislation and case law. This is submitted to the Tribunal in the UK.
This preparation is handled on your behalf and can be substantial in complex refusals.
Appeal hearing fees have historically been £80 (paper) and £140 (oral), with published changes over time.
Historic fee notes referenced these rates for refusals dated on or after 19 December 2011, with further updates published from 10 October 2016. Appeal fees are payable for each refusal notice appealed.
Stage 3
The Entry Clearance Manager can decide to overturn the original decision or allow it to stand. If not accepted, papers are forwarded for further review and may proceed toward Tribunal.
If a case proceeds, papers may be sent to the Home Office/UKBA Presenting Officer’s Unit (HOPO) for trial preparation.
If the Entry Clearance Manager does not accept the grounds, papers can be forwarded to a senior caseworker for a further decision. If the case is not progressed, the Entry Clearance Manager is instructed to issue the visa.
Stage 4
Assuming the case continues, a Skeleton Argument and full bundle of documentary evidence are prepared with witness statements and Tribunal representation.
There are strict rules on what evidence can be included in the appeal bundle. Pre-hearing preparation usually includes sponsor/witness briefing and witness statements prepared in clear non-legal language.
It takes roughly six to eight months from the start of the appeal to a Court date and the UKBA can drop the case and issue a visa at any time before the hearing.
After hearing, the judge may indicate the decision first, followed by a written determination (often around two weeks later). If allowed, visa issuance is typically expected to follow within approximately eight weeks.
For fee updates, see the news section, as published tribunal/administrative charges can change.
Important notice
It is a serious criminal offence, punishable by imprisonment, for anyone who is not a qualified and duly registered advocate to represent a person in Court.