IMMIGRATION APPEALS

Challenge an Immigration Decision
with Professional Legal Support

Challenge an Immigration Decision with Professional Legal Support

Receiving an immigration refusal or other negative decision can be stressful and may have serious consequences for you and your family. Depending on the type of decision and your circumstances, you may have a right of appeal or another legal route available to challenge the decision. An immigration appeal allows an eligible person to challenge certain decisions made by the Home Office before the First-tier Tribunal (Immigration and Asylum Chamber). The appeal process may involve reviewing the decision, identifying errors or weaknesses in the Home Office’s reasoning, preparing supporting evidence and presenting legal arguments.

Not every immigration decision carries a right of appeal. Depending on your circumstances, another remedy such as an administrative review, judicial review or a fresh immigration application may be more appropriate. At MYM Solicitors, we provide clear and tailored legal advice to help you understand your options following an immigration decision and, where appropriate, challenge the decision through the correct legal process.

How MYM Solicitors Will Help

At MYM Solicitors, we understand how important it is to respond promptly and appropriately when you receive an immigration refusal or other negative decision.

Our immigration team can assist you with:

Appeal deadlines can be strict. For many First-tier Tribunal immigration appeals, the current deadline is generally 14 days if you are in the UK and 28 days if you are outside the UK, although the applicable deadline depends on the decision and your circumstances. Our aim is to help you understand your legal position, identify the appropriate way forward and present your case as clearly and effectively as possible.

Frequently Asked Questions

An immigration appeal is a legal process through which an eligible person can challenge certain immigration decisions made by the Home Office. Appeals are generally considered by the First-tier Tribunal (Immigration and Asylum Chamber), which is independent of the Home Office. The Tribunal considers the evidence and legal arguments presented in the case.

No. Not every immigration decision carries a right of appeal. Whether you can appeal depends on the type of decision, the immigration route involved and your individual circumstances. In some cases, an administrative review, judicial review or another immigration application may be the more appropriate option. MYM Solicitors can review your decision and advise you on the appropriate legal route.

The deadline depends on the type of decision and whether you are in the UK or outside the UK. For many First-tier Tribunal immigration appeals, the current deadline is generally:

  • 14 days if you are in the UK.
  • 28 days if you are outside the UK.

Your decision letter should explain whether you have a right of appeal and the applicable deadline. You should seek legal advice as soon as possible after receiving the decision.

Once your appeal is lodged, the Tribunal will provide information about the next steps and may issue directions requiring you or the Home Office to provide further information or evidence. Depending on your case, you may need to provide a witness statement, supporting documents and legal submissions, and you may be required to attend a hearing. The procedure and timescale can vary depending on the circumstances of your case.

The evidence required depends on the reasons for the refusal and the issues that need to be addressed. Evidence may include documents relating to your personal circumstances, finances, relationship, employment, family life, immigration history or other matters relevant to your case. MYM Solicitors can review your refusal and advise you on the evidence that may be relevant to your appeal.

Not every appeal is dealt with in exactly the same way. Some cases may be determined without an oral hearing, while others may require a hearing. If you are required to attend a hearing, MYM Solicitors can advise you on what to expect and, where appropriate, provide representation.

Yes. Where appropriate, our immigration team can assist with preparing your appeal and provide representation at the relevant Tribunal hearing. We can also advise you on the evidence, legal arguments and preparation required for your case.

Most immigration appeals involve a Tribunal fee. The current fee is generally £80 for an appeal without a hearing or £140 for an appeal with a hearing. The applicable fee and any available exemption or fee-support arrangements can depend on your circumstances and the type of appeal. Professional legal fees are separate and will depend on the work required for your case.

Your options will depend on the reasons for the Tribunal’s decision. In some circumstances, you may be able to seek permission to appeal to the Upper Tribunal where you believe the First-tier Tribunal made a legal error. Other options may include making a further immigration application or pursuing another appropriate legal remedy, depending on your circumstances. MYM Solicitors can review the decision and advise you on the options available.

This depends on your immigration status, the type of decision and the circumstances of your case. You should not assume that an appeal automatically gives you a right to remain in the UK. MYM Solicitors can review your circumstances and advise you on your immigration position.

Potentially, yes. Certain immigration decisions can carry a right of appeal for applicants outside the UK. The applicable appeal rights and deadline depend on the type of decision and your circumstances.

You should seek legal advice immediately. In some circumstances, you may be able to ask the Tribunal to accept an appeal submitted after the deadline. This is not automatic, and you may need to explain the reasons for the delay and satisfy the relevant procedural requirements.

If the Tribunal allows your appeal, the Home Office may need to take further action in accordance with the Tribunal’s decision. An allowed appeal does not necessarily mean that you will receive your immigration status immediately. The next steps depend on the type of decision and the Tribunal’s determination. MYM Solicitors can advise you on what happens after an appeal is allowed and assist with any further steps where appropriate. 

Yes. Our immigration solicitors can provide advice and assistance throughout the appeal process, including reviewing the Home Office decision, assessing your appeal rights, preparing evidence and legal submissions, and providing representation where appropriate.

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Speak to MYM Solicitors

Received an Immigration Refusal? Don’t leave your next step to chance. Contact MYM Solicitors today for professional immigration advice and find out what options may be available to challenge your decision. Get in touch with our immigration team today.

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01753 208 786

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myproperty@mym.law

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