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Appeal Rights, The Process and More
The option for denied entry, permission to stay, deportation or some other types of UK immigration refusals is to file for an immigration and human rights appeal with the tribunal. The Government has now limited the types of refused visa applications which can be challenged at an appeal in the UK. Most applications which are now refused, such as applications under the points-based system, have to be challenged by way of Administrative Review.
There is currently only the right of appeal within the UK if the Home Office refuse an application based on:
- An international protection claim
- A decision to revoke Refugee Status or Humanitarian Protection
- A claim for the right to remain in the UK under EU (European) law
- A human rights claim.
Not all applications based on human rights or protection grounds have a right of appeal.
For example, you do not have the right of appeal in the UK if your asylum or human rights claim is refused by the Home Office because they think it is “clearly unfounded”.
Appeal during COVID 19 Pandemic
On 23 March 2020, the President of the FtT, Mr Clements, published the Presidential Practice Statement Note 1 of 2020: “Arrangements During the COVID-19 Arrangements During the COVID-19 Pandemic”. It shall remain in force for as long as the general Pilot Practice Direction remains in force, unless it is revoked or amended at an earlier date.
With the exception of HR/EEA appeals, all appeals to the First-tier Tribunal must be commenced using the online procedure unless it is not possible to do so.
Legal Process when Submitting an Appeal
Generally, the procedure for submitting an appeal includes the following:
- 1.Consulting with our immigration solicitors to help determine the legal grounds and documents needed for an immigration appeal,
- 2. Completing an application and submitting it online within 14 days of receiving the refusal letter,
- 3. Submitting the case summary Submitting the skeleton Argument and appeal bundle awaiting a response from Home Office to be admitted (or not) for a hearing,
- 4. Attend the CMR (Case management hearing)
- 5. Attend the full hearing
- 6. Receiving the hearing decision.
The team at Adam Bernard Solicitors have harnessed a formidable reputation in safeguarding the rights of our clients. Our team of immigration solicitors, paralegals and network of barristers will ensure that you receive expert advice and representation throughout this process, to ensure that you have the best chance of attaining the outcome you desire.
Challenging an authority can be a daunting prospect and demands a first-class service. At Adam Bernard Solicitors we have successfully represented clients in the First Tier and Upper Tribunal’s. We also have a wealth of experience when submitting Judicial Reviews for decisions reached that do not grant an automatic right of appeal. The successes of our department evidence our perseverance in this area. If you are not happy, neither are we, and we will ensure that we combine dedication with experience to give you the best prospect of success.
Why Adam Bernard Solicitors?
- Our team of immigration solicitors in London have a wealth of experience when challenging the immigration decisions of the Home Office in both the First-Tier and Upper Tribunals
- We have established a relationship with a wide array of chambers expert in the field of immigration and asylum.
- We have achieved countless successes in upholding the rights of our clients as evidenced through our client testimonies
- If you want to ensure that your application stands the best prospect of success, please visit one of our London offices today to speak to a member of our team