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Appeals against Home Office or Entry Clearance decisions
Can I Appeal?
Normally ff your application is refused, the documents you receive will state whether or not you have a right to appeal against the decision and time limit within which you must submit your appeal.
There are also instances when you may not receive all the documents or notification from the Home Office of Entry Clearance Office that you have a right you to appeal.
If you are unsure whether you have this right you should contact us and we would be able to advise you further.
Can I always appeal?
If the application is made based on the Immigration Rules you will normally have a right of appeal.
However, there is no such right of appeal in the following cases:
- Refusal to come to the UK as a visitor, unless your application relates to an application for entry clearance as a family visitor;
- Refusal to come as a student on a short course of six months or less, or as a ‘prospective student’ wishing to enter the UK in order to arrange your studies, or as the dependant family member of such a person.
Even where there is no specific right of appeal under the immigration laws, you should seek expert legal advice if there are other avenues available.
Asylum and Appeal?
You will always have a right to appeal against refusal of asylum in the UK. On refusal, you will also receive a Notice of Appeal form which must be returned within the 10 day time limit.
Where the Home Office claim that you ought to have claimed asylum in another country which they call ‘safe third country’ there are avenues available and you should seek expert legal advice.
How do I appeal?
You will have to complete a Notice of Appeal form within the relevant time limits. You should act promptly and seek legal advice if you are not sure how to appeal and to ensure that the appeal is submitted within the time limit.
What happens after I send the Notice of Appeal?
If done through legal representatives, we will receive the appeal papers in due course from the Court. We will then contact you to take further instructions to prepare for the appeal.
If may take several months for the Appeal to be heard after sending the Notice of Appeal and it is often very frustrating for client. There is very little that can be done in relation to this delay unless the delay in unreasonable.
In all cases, the appeal will take place in the UK, even if the applicant is in the UK.
Do I need to instruct a solicitor?
You will have a much better chance if you are represented by a competent and experienced legal representative. We will advise you on the chances of success and how best to increase this chance of success.
Page created: 23 April 2004
Last updated: 23 April 2004
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