Appeals

If you made an immigration application that included a human rights claim and the Home Office refused your application, you may have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).

If you are already inside the UK, you are usually able to exercise your right of appeal from the UK. However, the Home Office can in certain circumstances apply a ‘certificate’ to the refusal, which may have the effect of only allowing you to appeal once you have left the UK. 

If there is a certificate attached to the refusal of your application, or if you have not been provided with an appeal right, it may still be open to you to challenge the refusal by applying for either Administrative Review or Judicial Review. 

We are experienced at dealing with challenges and appeals at all levels of the Tribunal and Court system. 

Administrative Reviews

If your immigration application has been refused by the Home Office, you may be able to challenge this refusal by way of an application for Administrative Review. Typically, Administrative Review applications are only appropriate where the reason for the refusal is due to a case working error made by the Home Office decision maker (for example, where the decision maker has failed to consider all of the evidence you provided with your application or they have misapplied the relevant law or policy). 

If successful, an Administrative Review application will require the Home Office to withdraw their decision and to reconsider your application. If the Home Office again refuse your application, you may, depending on the reasons for this refusal, be able to challenge this decision by way of Judicial review. 

We can advise and assist you in preparing your application for Administrative Review. 

Judicial Review Applications

If your immigration application has been refused, or if your application has been waiting for a decision from the Home Office for an unreasonable amount of time, it may be possible for you to challenge the refusal / delay by means of an application for Judicial Review. 

Judicial review is known as a remedy of last resort and all other options for challenging the refusal of your application must have been exhausted prior to making this application. 

We can advise you on the merits and risks of making such an application and represent you in these proceedings. 

Challenging Re-Entry Bans

The Home Office can impose re-entry bans on people who have previously breached immigration law or used deception in an application for leave. Re-entry bans can last between one and ten years, depending upon the circumstances and whilst the ban is in place, re-entry to the UK is usually prohibited. 

We can advise and assist you in challenging your re-entry ban.