Generally the Refusal of a Human Rights or protection claim and revocation of protection status gives appeal rights.
Where there is no right of appeal, it may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred.
First- tier Tribunal, this is the first court you have access to if you have the right to appeal a refusal by the Home Office. In order to successfully submit an appeal to the First-tier Tribunal, the relevant form needs to be completed and the grounds of appeal must be attached which essentially details the reasons for appealing the Home Office refusal decision. This is an essential and the most crucial step so it is vital that an immigration solicitor has drafted the grounds of appeal and submits this first step detailing all the errors made by the SSHD (Secretary State of the Home Department). It is also at this stage that the applicant will have the option of requesting an oral hearing or a paper hearing; it is mostly suggested to request an oral hearing as it will provide the applicant and the legal representatives with the opportunity to present the case in more detail and stand before the Judge at the hearing.
Our Immigration solicitors are expert in lodging appeal, making bundles and representing your case in front of the Immigration judge. Feel free to call our Immigration Solicitor for an expert opinion.
If your case is unsuccessful at the First-tier Tribunal don’t get disappointed and call our Immigration lawyer or walk in to our branches located in London, Manchester and Chester and meet an Immigration lawyer instantly.
Upper-Tier Tribunal- our Immigration solicitor will submit a request to hear your case at the Upper Tier Tribunal and if the permission is granted then the case will proceed to a further hearing where by the above process is repeated. Our Immigration Solicitor have been successful even at this stage various time, so don’t delay if your case has been dismissed at First-tier tribunal and contact our Immigration Solicitor.
However if the case is dismissed at this second stage this can then be challenged at the Court of Appeal. This is the basic overview of the procedures involved in the United Kingdom for an Immigration appeal. There may be further options available such as a Pre-Action Protocol or a Judicial review however that has higher merits and depends on each individual case.
It is important to note that the options available to applicants/appellants will depend on the circumstances of their case as well as the merits of their case which will determine the remedy to be sought. However, the most crucial aspect of the entire process is selecting the right Immigration solicitors with care and detailed consideration as the success of your case is dependent upon who YOU instruct.