Every year, tens of thousands of immigration decisions made by the Home Office are referred for an appeal to the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The total volume of appeals has, however, declined hugely since 2010-2011; there were ~44,000 appeals lodged in 2018-19, ~92,000 in 2014-15, and 146,000 in 2010-11. Another interesting trend that started in 2018-19 is that more appeals (over 50 percent) are being allowed than are being rejected. The latest statistics from the Government also show that between January to March 2020, Human Rights (HR) appeal applications represented 43&n;bsp;of all of those received by the FTTIAC.
Not all immigration decisions can be referred for appeal though. In this article, we will review the decisions which can be referred to the FTTIAC and the process for doing so.
What is the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC)?
For most people who make immigration applications to the Home Office, the process and terminology can be confusing, especially for those whom English is a second language. The FTTIAC is made up of seven appeal €˜chambers' spread across the UK, with judges who listen to and settle immigration disputes (they don't just handle immigration matters). Their main role in terms of immigration is to review decisions referred to them relating to permission to stay in the UK, deportation from the UK, entry clearance to the UK, and Home Office detention.
If you are considering appealing an immigration decision, the FTTIAC is the first place you will apply to.
When you receive a decision from the Home Office on an immigration matter or application, you will be advised if you have the right of appeal. If you do have the right to appeal, you do not need to apply to bring an appeal, you can proceed with your application to the FTTIAC.
The FTTIAC will only consider appeals on the following grounds:
But not all Home Office decisions made in relation to human rights or protection will have the right to appeal. If the Home Office believes that there is clearly no case, then they may not allow an appeal.
The first part of the appeal process is to issue a €˜notice of appeal' to the FTTIAC. This can be issued by the individual themselves, or they may prefer the appeal to be handled by an immigration lawyer. The notice must be received by the FTTIAC within 14 days of the decision being appealed if you are in the UK, or within 28 days if you are outside the UK.
The form you will need to complete depends on what you are appealing - the forms can be found on the Government website[PM2] .
According to the latest version of the FTTIAC rules, the notice of appeal must:
The guidance also states that you must provide in addition to the notice of appeal:
The appeal application fee is currently £80 without a hearing or £140 with a hearing, however, you may not need to pay if you qualify for legal aid, receive asylum support payments, or you are under 18 and receive support services from your local authority.
Once your notice of appeal has been received by the FTTIAC, they will then send a copy to the Home Office. You will then receive a €˜notice of hearing' from the FTTIAC confirming the location, time, and date of your appeal hearing. Also, on the notice of hearing will be details of the address and deadline to send any additional documents which you would like to be considered.
If you cannot attend the hearing (e.g. due to illness), you can ask the FTTIAC for an adjournment of your matter until a later date.
In addition to the heating, in some asylum appeal cases, the judge may determine it is necessary to hold a pre-hearing, referred to as a Case Management Review (CMR).
On the day of your hearing, you will be asked to present your evidence and to answer any questions raised by the Home Office Presenting Officer and/or the judge. After the Home Office Presenting Officer outlines the reason to dismiss the appeal, you will then be given an opportunity to explain why you believe your appeal should be allowed.
You will be notified of the outcome of your case approximately 21 to 28 days after the hearing in writing. In the event of a positive decision, the Home Office may decide to appeal, but if they do not, they will most likely reverse the decision made previously. A refused appeal decision may then be taken to the Upper Tribunal.
If you find yourself appealing a decision made by the Home Office for any of the reasons outlined earlier in this article, it is important to seek legal representation. This will ensure that the correct procedure is followed and that the necessary evidence is provided to ensure you have the best possible chance of a successful outcome. Being on the receiving end of a negative immigration decision can be frightening and worrying, but by seeking legal support from immigration solicitors as soon as possible, the burden can be removed from your shoulders, allowing you to look after your needs and those of your family.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
530 ReviewsREAD ALL REVIEWS