Receiving a negative decision on an immigration or asylum application can be devastating for all those affected. At Curzon Green Solicitors, we understand the uncertainty and distress that can result from such decisions. We adopt an honest and practical approach to advising clients and consider the most cost effective and speedy resolve in a matter.
The appeal system has undergone many changes over recent years. Our team are able to advise individuals in the complex area of appeal rights, administrative review and judicial review, providing advice and guidance throughout the process.
It is essential that those affected by negative Home Office decisions take advice about their position as soon as possible as the timeframes for lodging appeals or administrative reviews is limited. Similarly, judicial review applications challenging unlawful Home Office decisions must be lodged as soon as possible.
An individual can only appeal to the First Tier Tribunal (Immigration and Asylum Chamber) if they have the legal right to appeal. This might be set out in the notice of decision, but ultimately it is for the Tribunal itself to determine if such a right exists.
You might be able to appeal to the First-tier Tribunal if the Home Office has:
A Notice of Appeal must be received by the Tribunal no later than 14 calendar days after the decision letter was sent. This is increased to 28 calendar days if an application to appeal is being made from outside of the UK.
When completing the Notice of Appeal, the grounds of the appeal must be identified. If the appeal is successful and the individual has been allowed to remain or enter the UK, the Home Office has permission to apply to appeal the decision within 14 calendar days. If the application to appeal is not successful, the individual can apply to the First-Tier Tribunal to appeal to the Upper Tribunal or subsequently to the Upper Tribunal itself.
We can offer help with advising on suitable grounds of appeal and supporting documents. We also can prepare your appeal bundle, including skeleton arguments and detailed witness statements. We offer advocacy in your immigration hearing itself and have significant experience within the Immigration and Asylum Tribunals.
Individuals are not automatically entitled to appeal to the Upper Tribunal. An application for permission must be submitted to the First Tier Tribunal itself or if refused directly to the Upper Tribunal. Crucially, this appeal can only be brought forward on an error of law. Applications for appeal to the Upper Tribunal can be complex and knowledge of the legal framework within which a matter sits will be essential in being granted permission for a further hearing.
When hearing the appeal, the Upper Tribunal will determine and assess whether the First-Tier Tribunal has erred in law. If an error of law is identified there may be several outcomes. The matter may be referred back to the First Tier Tribunal for further consideration.
If permission is refused to appeal or the matter cannot be heard by the Court of Appeal, the individual may be able to apply for permission for a Judicial Review of the decision.
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. The Home Office and/or courts can be one such body.
There are however, distinct grounds under which this challenge can be bought and there is a prescribed process which must be followed.
Ordinarily, an application for judicial review should be made no later than three months after the decision that you are trying to challenge was made and should only be lodged after all ordinary appeal rights are exhausted. There are however decisions of public bodies whereby the ordinary 3-month period is reduced to 16 days and the threshold for obtaining permission is increased.
Judicial review proceedings may not be suitable for all applicants and any representative should have extensive knowledge and experience before undertaking this work.
Administrative review is the review of an eligible decision to decide whether the decision is wrong due to a case working error. It is important to understand that this review is carried out by the Home Office and not an independent Judge and is only reserved for particular, decisions where an appeal right does not ordinarily exist.
The outcome of an administrative review will be:
(a) Administrative review succeeds and the eligible decision is withdrawn; or
(b) Administrative review does not succeed and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
(c) Administrative review does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
(d) Administrative review does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.
We are able to offer you either advice or full representation in your administrative review, appeal or judicial review matter.
Our Immigration and Human Rights Team