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Understanding the UK Immigration Appeals Process

The UK Immigration Appeals process offers an opportunity to contest a refused visa decision. There are different types of appeals, each with specific requirements and deadlines. It’s crucial to understand the process and secure professional legal representation to enhance your likelihood of success.

Appeals process

The appeal process typically involves:

Filing a notice of appeal: This is a formal request to the First-tier Tribunal (Immigration and Asylum Chamber) to review the decision. The notice of appeal must be filed within a specific timeframe, usually 14 days or 28 days, depending on the type of decision.
Preparation of appeal bundle: This is a collection of documents that will be used as evidence in the appeal, including witness statements, expert reports and relevant correspondence.
Attending the hearing: The hearing will typically take place at a designated tribunal hearing centre, and the client and their legal representative will have the opportunity to present their case and provide evidence.
Receiving the tribunal decision: The tribunal will issue a written decision, which will outline whether the appeal has been allowed or dismissed. If you disagree with the decision, you may have the option to appeal to the Upper Tribunal, subject to certain conditions.

The appeals process for Entry Clearance visa applications follows the same steps as In-Country visa applications.

In-Country visa applications
Entry Clearance visa applications

For In-Country visa applications, you may have the right to appeal if your application is refused, depending on the type of application and the grounds for refusal. The following are some examples of applications that may grant you the right to appeal:

Asylum and human rights claims.
Immigration decisions under the Points-Based System (PBS).
Deportation decisions.

The appeals process for Entry Clearance visa applications is similar to that of In-Country visa applications. You may have the right to appeal if your application is refused, depending on the type of visa and the grounds for refusal. Common examples of applications that may grant you the right to appeal include:

Family visas (e.g., spouse, fiancé(e), or child).
Settlement visas.
EEA family permit applications.

Applications without appeals but with administrative reviews:

Certain types of applications do not have a right to appeal, but instead, give the option of an administrative review.

An administrative review is a process where an independent official from the Home Office reviews the decision on your application. This process is designed to identify and correct case working errors made during the initial decision-making process. It is important to note that new evidence cannot be submitted during an administrative review; the review is solely based on the information and documents provided in the original application. There are four main types of administrative review:

Certain in-country decisions to refuse an application for Further Leave to Remain, or to approve such an application with an error regarding the length or conditions of leave.
Applications submitted under the EU Settlement Scheme and related Appendices.
Specific entry clearance decisions.
Particular decisions made at the UK border.

In most instances, when an applicant has a right to administrative review, they do not possess a statutory right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) concerning the decision on their category-based application under the Immigration Rules.

Not all immigration categories fall under the administrative review system. Exclusions include:

All categories that the Home Office recognises as human rights or international protection claims – applicants in these categories have a right to appeal instead of a right to administrative review.
Visitors do not have a right to administrative review and will not have a right to appeal unless their application engages human rights. In cases where there is no right to appeal, these groups are typically required to address any issues from a previous application when submitting a new application. However, at Five Star we have had a high success rate of challenging visitor visa refusals by way of PAPL (Pre Action Protocol Letter), contact us today to discuss.
Certain decisions made by the Home Office are also beyond the scope of administrative review, such as decisions to curtail leave.

The eligibility and procedure for administrative review differ depending on whether it is requested for an in-country decision, entry clearance decision, a decision under the Immigration Rules, Appendix EU or related Appendices, or specific cancellation decisions at the border.

If the UKVI refuses your entry clearance or Leave to Remain application, it must issue a written notice concerning the applicant’s eligibility for administrative review. The notice must include or be accompanied by a statement of the reasons for refusal. Information on how to apply for administrative review and the time limits for making an application must also be included within the information provided to an applicant by the Home Office.

If you are outside the UK and wish to apply for an administrative review of a UKVI decision, you will have 28 days to make the application. If you are applying inside the UK, you have 14 days.

There are four possible outcomes to an application for administrative review as stated in the Immigration Rules, Appendix AR, para AR2.2. These are the administrative review:

Succeeds and the eligible decision is withdrawn, or
Does not succeed and the eligible decision remains in force, and all of the reasons given for the decision are maintained, or
Does not succeed and the eligible decision remains in force, but one or more of the reasons given for the decision are withdrawn, or
Does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review—note in this scenario, you may be entitled to apply for administrative review related to the new reasons.
If UKVI does not grant you leave to enter after receiving an administrative review, our legal team can assist you with the next best steps. This can include making a new application or an appeal on human rights grounds where applicable or seeking a Judicial Review of the decision.

How Five Star can help

At Five Star, we adopt a strategic and personalized approach to UK immigration appeals and administrative reviews. We collaborate closely with each client to understand their unique circumstances and craft a robust case addressing the specific visa refusal reasons.