An individual who has been given a right of appeal against the refusal of their application can challenge by way of an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) the Home Office’s (UKVI) decisions to refuse the application for stay in the UK. From the date after the notice of decision was sent by the Home Office, UKVI, the appeal to First-tier Tribunal needs to be filed within 14 days from that date.
There could be an option to challenge the refusal by way of Judicial Review in the Upper Tribunal if the applicant has not been granted the right of appeal against the refusal of his or her application. Although a different alternative would be the submission of a fresh application to the Home Office.
If your case is refused, you will be issued with a letter which confirms the reasons for the refusal and what right of appeal, if any, the decision attracts. With this letter, you should be able to ascertain if the decision maker has made an error in the findings made, or whether they have raised genuine flaws in your application that need attention.
There are some in country cases that attract an automatic statutory right of appeal if you have submitted your application prior to the expiration of leave, switching from a qualifying immigration category. For example Spouse visa, Unmarried Partner Visa, Same Sex Partner visas are able to appeal against a decision from inside the UK if they had leave that had been valid for at least 6 months and does not prohibit them from switching to the visa applied for. There are other visa categories that attract a right of appeal. If you are unsure if your case attracts a right to appeal, you should contact our offices for a free assessment.
If your appeal attracts a statutory right of appeal, you will need to specify what the error made is, referring to statute and where necessary, case law. Drafting grounds of appeal forms part of your case which will be viewed by an immigration judge. For this reason it is important that the drafting of grounds of appeal is done correctly and using good legal sense, depending on the approach intended by your lawyer.
If you submit your appeal within the 14 day period, the Tribunal will list your case for an appeal where an independent immigration judge will consider your appeal. The Home Office suggest that they actively review cases before they go ahead to an appeal if resources permit. As the Home Office are underfunded, resources may not often permit but it is nevertheless good practice to prepare a strong enough appeal to address the issues raised in your refusal in case a review is undertaken.