How do I know if I have a right of appeal against a decision of the Home Office, or the refusal of my application for entry clearance?
If your application is refused, the Notice of Refusal will tell you the reasons for refusal. It will also state whether or not you have a right to appeal against the decision and time limit within which you must submit your appeal. If so, a copy of the Notice of Appeal should be attached to the Notice of Refusal.
Do I always have a right of appeal against immigration decisions ?
Normally you have a statutory right of appeal against immigration decisions provided your application falls within the Immigration Rules, that you have made a valid application on the appropriate form and that you have made your application within any required time limit and in certain other cases.
- However, there is no right of appeal in the following:
- Refusal to come to the UK as a visitor, unless your application relates to an application for entry clearance as a family visitor;
Refusal to come as a student on a short course of six months or less, or as a ‘prospective student’ wishing to enter the UK in order to arrange your studies, or as the dependant family member of such a person.
If I do have a right to appeal, then what should I do ?
You will be provided with a Notice of Appeal form that you must complete within the relevant time limit. You must complete and return the appeal forms within the time limite, you are likely to lose your right of appeal if the Notice of appeal is submitted later than the prescribed period.
- For Overseas Refusals the time limit is 28 DAYS
- For UK Refusals the time limit is 10 DAYS
How will complete the Notice of Appeal?
The Notice of Appeal must be completed in English. Malik Legal Solicitors will complete it for you by preparing the grounds of appeal in accordance with the relevant law.
How important is the time limit for making the Appeal ?
The time limit is of paramount importance, in the event that your appeal is submitted late your appeal may not be allowed to proceed.
What happens the Notice of Appeal of Appeal has been submitted ?
Once the Notice of appeal has been received then you or the representative will receive the respondents appeal bundle shortly before the notification of the hearing date for the appeal from the Court. If you have instructed Malik Legal Solicitors then, we will contact you in order to prepare and present the appeal properly. If we are not be able to represent you, we will of course let you know so that you can approach another representative. It is often noted that it may take a few months before any response is received from the respondent
Do I need a legal representative to act for me in my appeal ?
You will have a much better prospects of success by instructing a legal advisor who is knowledgeable and experienced in Immigration, Asylum, Nationality and UK visa Laws. Malik Legal Solicitors have a provable track record in immigration and asylum matters.