We know that dealing with the effects of a refusal can be draining and worrying. In order to challenge the decision of the Home Office, it is highly important that you understand the relevant procedures.

Appeals procedure

If your application is refused, the refusal letter notifies you where you have a right of appeal. We can help you navigate through the decision letter and advise you of your options.

First Tier Tribunal

Appeals from within the UK must be lodged within 14 days of the decision letter. However, notice of an appeal from outside the UK must be notified to the Tribunal within 28 days of the decision letter. 

Various documents along with the court fee must be submitted to the Tribunal in order to trigger the appeal process.

The Tribunal lists the matter for a hearing at the First Tier Tribunal after which the Judge makes a decision. It is rare that a decision is made on the day. You usually are notified of the Judge’s decision within four weeks of the hearing.

If you receive a positive decision, the Home Office may decide to implement the decision of the Tribunal or appeal the judgements within 14 days.

However, if your decision is negative, you may be able to appeal to the Upper Tribunal.

Upper Tribunal

If your appeal is refused by the First Tier Tribunal judge and you believe an error was made, you can apply for permission to appeal to the Upper Tribunal.

Within 14 days of the date of the Judge’s negative decision, you must apply to the First Tier Tribunal for permission to appeal that decision. In an event that the First Tier Tribunal refuses to grant your application, you may apply to the Upper Tribunal for permission to bring an appeal.

If you are outside the UK you have 28 days from the date of posting to make the application.

If permission is granted, the Upper Tribunal hears the case to assess whether there was an error in the First Tier Tribunal decision.

If the Judge finds in favour of the original decision, then your appeal is dismissed.

You may be given the right to appeal to the Court of Appeal depending on the merits of your case.

If you do not have the right to appeal the decision, you may wish to apply for permission to bring judicial review against the decision of the Home Office.

Judicial Review

Judicial review is a process by which the Judge reviews the lawfulness of a decision or action taken by the Home Office.

You can engage this process if you believe the Home Office has acted unlawfully or unfairly in reaching a decision on your application.

If your application is successful, your case is sent back to the Home Office for reconsideration. However, the Home Office can still make the decision to refuse your application as long as they do so in a lawful way.

When can I seek judicial review?

You can only make an application to bring judicial review is you have not been granted a right of appeal or other alternative remedy.

Challenging a refusal decision is time consuming and sometimes very complex. If there is a quicker resolution we advise and assist you accordingly.

We at Farani Taylor Solicitors have a track record of successfully representing our clients from the First Tier Tribunal gearing to High Courts. 

If you need legal support with an appeal then get in touch. Contact us today.

Key Contacts

If you are looking for help and guidance or have a question relating to Appeals, please contact us today on +44 (0)20 7242 1666.