Immigration administrative review & tribunal appeals

Why challenge a refusal when it makes sense to seek administrative review or appeal to the immigration court ? 

If you have been denied a visa or immigration application, it does not always mean the end: depending on the type of decision, you may be entitled to an administrative review or appeal to the immigration court. This approach gives you the opportunity to challenge an erroneous or unfair decision by the authorities and restore your rights to residence or protection. Competent legal support from the outset, including consultation with an immigration solicitor, increases the chances of a successful outcome.

This is particularly relevant in cases involving asylum, humanitarian protection, EUSS status, human rights or errors in the assessment of documents.

How the appeal process works: administrative review, then appeal to the immigration court

Submitting an administrative review

If your rejection letter mentions the possibility of an administrative review, you have the right to request a review of the decision.

The deadline for submitting a review is usually short, so it is important to submit your application as soon as possible and provide all the necessary arguments or documents.

A solicitor will review the Home Office's decision, look for factual or procedural errors, prepare arguments and submit a request for review.

If the administrative review is unsuccessful - appeal to the immigration court of first instance

If the review is unsuccessful or if a review is not possible, you can appeal to the court of first instance (the Immigration and Asylum Chamber).

The application must be submitted on time: usually within 14 calendar days of receiving the decision if you are in the UK, or within 28 days if you are abroad.

The appeal is submitted either online via MyHMCTS or in paper form if possible (e.g. in the case of detention).

A solicitor prepares an outline of arguments, collects supporting documents and submits them with the appeal.

Hearings, decisions and possible outcomes in immigration court

Once the appeal has been lodged, the case is referred for a hearing, which may be oral or based on documents.

The wait for a hearing can take several months, depending on the court's workload.

After the hearing, a decision is usually made within 3-4 weeks.

If the decision is positive, your visa/status will be reinstated or the Home Office will be forced to review its decision; if the decision is negative, you may consider further appeal and take into account the decision of the Higher Immigration Tribunal, if there are grounds for doing so.

What Consultant legal advisors do for you - our role and support ? 

•  Analyses your case: reviews the decision, letter from the Home Office, excludes or confirms the right to review or appeal.
•  Prepares an administrative review or appeal: drafts legal arguments, collects documents, prepares a statement of case for the immigration court.
• Meets deadlines: lodges an appeal within 14 or 28 days, completes the relevant form or online platform.
• Represents you at the hearing (if necessary): appears before the judge, submits evidence, defends your case - together with an immigration tribunal barrister, if necessary.
•  Explains the decision: helps you understand the court's decision, explains what actions can be taken next  re-appeal, review, further steps.

An appeal to the immigration court must be lodged within 14 calendar days of the refusal if you are in the UK, or 28 days if you are abroad.

The cost of an appeal is £80 for a written appeal without a hearing or £140 if a hearing is required.

Depending on the complexity of the case, the wait for a hearing can range from a few months to approximately one year.

A decision is usually made within 3-4 weeks after the hearing.