If your application is refused you may be able to challenge the refusal. The immigration appeals you can use depend on the kind of application you have made, and in some cases the perceived strength of your case.
In many categories (for example, Points-Based System applications to study or work in the UK) you can no longer appeal using the Tribunal system. Instead, you can apply for an “administrative review” of your decision. Your case will be reviewed by the Home Office, not by an independent Judge.
You need to argue that the decision-maker has made a “caseworking error”. This could include applying the Immigration Rules incorrectly; miscalculating time limits, or incorrectly failing to ask you for documents.
If you applied under the EU Settlement Scheme, then you can apply for administrative review if you were refused on eligibility grounds, or if you were granted Pre-Settled Status and you think you qualify for Settled Status. You might also be able to apply if your leave under the EU Settlement Scheme has been cancelled.
To apply, you need to complete the online form for administrative review. If you are in the UK you will also need to pay a fee of £80.00.
You might still have a right of appeal to the Immigration and Asylum Chamber of the Tribunal system if you have made a “human rights” application to travel to or stay in the UK with settled family members. Tribunal appeals also still apply to “protection” claims (for example asylum applications) and to most applications for European residence documents.
To appeal to the Tribunal, you should complete the online or paper form. The Tribunal charges a fee of £80 consider your case “on the papers”, and a fee of £140 if you want to present your case at a hearing.
Judicial Review is a civil court procedure to review government decisions where you have no other right of appeal. It might be appropriate if you do not have a right of appeal to the Tribunal, or if your further Tribunal applications have been refused and you still believe you have a case to argue.
Deciding to appeal
Even if the Home Office or UK Visas & Immigration has made a mistake in deciding your application, a fresh application might still be a quicker route to getting the outcome you want. You should also take into account your existing immigration status and whether an appeal would protect it.
Time limits are usually short and strict in all forms of immigration appeal. I can review your case in full and advise you on your options at short notice.
If you decide to appeal, I will prepare detailed grounds of appeal, and (where this is an option) advise you on the kinds of supporting evidence that you will need. I instruct an expert barrister to provide an opinion if your case is complex, and to represent you at any hearing. I review your case regularly to see if additional representations might result in your case being heard sooner, or in the Home Office withdrawing its decision.
I advise businesses and individuals about immigration law across the South of England including London, Guildford, Woking, Basingstoke, Winchester, Southampton and Bournemouth. If you have recently had an immigration application refused, contact me to discuss your options.