Home Office decisions can be confusing, and the reason for refusal can be unclear. If you have received a refusal letter, our team is here to review it, help you understand the reasons and advise you on your options.
Appeals
Many refusal letters carry a right of appeal to the immigration tribunal, which is a specialist immigration court. While it can be tempting to take your case to court, sometimes the costs and delays associated with this outweigh the potential benefits. In many cases, making a new application is actually a better solution than trying to fight your case in court.
If reapplying is not an option or an appeal is determined to be the best course of action, our experienced immigration team can guide you through the entire process, from preparing strong appeal grounds to representing you in court.
Other options
If your decision does not have a right of appeal, there may still be alternative options open to you to challenge an unlawful decision. Some decisions have a right to seek “administrative review”, and decisions can potentially be challenged by a legal process called judicial review. Judicial review is generally a remedy of last resort.
How we can help
Our experienced immigration team provides comprehensive support for challenging Home Office decisions:
- Case evaluation: we thoroughly review your refusal letter and circumstances to identify the best approach, whether that’s a new application, appeal, or judicial review action.
- Preparation: we help you prepare a new application or grounds for an appeal and present the strongest evidence in support of your case.
- Representation: if an appeal is the best course of action, our solicitors can provide expert representation at tribunal hearings.
Frequently Asked Questions
My application was refused, how long do I have to appeal?
For most visa and immigration decisions, you have 14 days to lodge an appeal if you are inside the UK, or 28 days if you have applied from outside the UK. However, some decisions have different timeframes, so it is essentially to check your letter carefully for the specific deadlines that apply to your case.
How long does an appeal take?
Appeal timeframes vary significantly depending on the complexity of your case and the tribunal’s caseload. Most appeals will take between 6-12 months from submission to final determination. Some straightforward cases may be resolved more quickly. We will provide you with a realistic timeline based on current tribunal processing times and your specific case.
What happens if my appeal is successful?
If the court declares that your refusal decision was unlawful, the Home Office will revisit the application and issue a fresh decision. In most cases the Home Office will then grant the application and issue you with visa permission. Sometimes the Home Office may challenge the tribunal’s decision by seeking permission to appeal to a higher court, which could extend the process.
Get in touch with our experts today:
Our team has proven success in challenging Home Office decisions. John has a particular expertise in challenging Adult Dependant Relative refusals and has successfully overturned numerous decisions under this route.
John's litigation experience also includes acting as instructing solicitor in immigration, asylum, and nationality cases at the Scottish Court of Session, the UK Supreme Court, and the European Court of Human Rights. He was lead solicitor in the landmark Supreme Court case of The Advocate General for Scotland v Romein [2018] UKSC 6 which opened up a route to British citizenship for children of foreign-born British women born outside of the UK and Commonwealth between 1949 and 1983.
