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FACT SHEETS

• Appeals
• Asylum
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• Illegal immigrants
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Appealing Against Refusal

If you are refused entry clearance to come to the UK, or if you are in the UK and are refused permission to remain here for longer, either to continue with what you are currently doing or to do something different, you might have a right in law to appeal against that decision. Not all refusals, however, carry a right of appeal. If you have a right of appeal against a refusal you will be given the form on which this appeal must be made at the same time as you are given the written reasons why you have been refused. There are very tight time limits for lodging an appeal, and if it is not submitted in time, it may not be accepted and you may have lost your right to appeal altogether.

Detailed written reasons as to why you are appealing - called 'grounds of appeal' - must be submitted at the same time as your appeal. An appeal can be either because you believe that you meet the requirements of UK law, but the UK authorities have not interpreted it correctly, or because you believe that the UK authorities have misunderstood, or not taken account of, information you have given them.

Appeals are decided by one or more Immigration Judges, sitting at the Asylum and Immigration Tribunal (AIT) which has hearing centres all over the UK. All appeals, even those made from abroad, are decided in the UK.

Appeals may either be decided 'on the papers' - that is, on the basis of written evidence submitted by you and the Home Office - or at an oral hearing, where you will be able to put forward your case (unless you are not in the UK) and your representative will be able to submit legal arguments on your behalf (this can be done even if you are not in the UK).

If you are in the UK you will usually have the right to remain here whilst your appeal is decided. The Immigration Judge may either uphold your appeal, which means that the Home Office will usually grant you the leave you were seeking, or dismiss it, which means that the Home Office decision will be upheld, and you will usually have to leave the UK.

It is very important to get professional advice as soon as you are refused, both because of the tight time scales and because the decision of the Immigration Judge is usually final, unless you can show that the Judge has interpreted the law incorrectly when making the decision on your appeal.

Our Services

If you have been refused by the UK authorities and have been given a right to appeal against that refusal, there are two ways in which we can help you.

Grounds of Appeal

We will review your papers (initial application and supporting documents, refusal letter) and will draft detailed grounds of appeal giving legal reasons as to why your application should not have been refused, for you to submit with your appeal. We may need further information, either face-to-face or over the telephone/email, from you to enable us to do this. We have no responsibility towards you other than drafting the grounds of appeal within the strict time limits given by the UK authorities.

Representation

As well as drafting grounds of appeal we will submit your appeal to the Tribunal within the given time limit, liaise with you and any witnesses you may have who will speak for you at your hearing, liaise with the UK authorities on your behalf, and represent you before the Immigration Judge when your appeal is heard, using legal arguments, case law and the government's own immigration rules and policies to present your case in the best possible light. This service is available to clients who have lodged an appeal from abroad, and are therefore unable to be present at their appeal, as well as clients who are in the UK.