If the Home Office has refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’) or human rights claim, made a decision under the European Economic Area (EEA) Regulations, decided to revoke your protection status, or decided to take away your British citizenship you might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
We understand that the procedure of appeal is extremely complex and you may feel daunted by the process. We’re here to provide reassurance and expertise to give you the best chance possible of achieving a positive outcome, including the preparation and submission of appeals and the submission of Pre Action Protocol correspondence which must precede a Judicial Review claim (please note that we instruct senior counsel to deal with the Judicial Review claim itself).
An introductory guide to the appeals process…
- You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submitted before 6 April 2015.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
- You might be able to ask the Home Office for an administrative review if you don’t have the right to appeal.
- You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
- You have 14 days to appeal after the date of your decision.
- If you’re appealing from abroad, you have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
- You can ask on your appeal form for a decision to be made either just on the information in your appeal form and any documents supplied to the tribunal or at a hearing that your representatives can attend.
- Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example, a public hearing would put you in danger.
- You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
- You’ll be given a decision in person or by post. The tribunal will either decide to allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision or dismiss your appeal and uphold the Home Office’s original decision.
- You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing. Both you and the Home Office can appeal the decision of the tribunal. The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.
If you win your appeal, the Home Office will change (‘revise’) its decision. However, the Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal. The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.
With the gradual erosion of appeal rights, people are having to pursue a Judicial Review as a means of legal challenging a decision made by the Home Office. This is an application to the High Court and can only be used where there is no other form of legal remedy or the same have been exhausted.
E2W has specialist experience of conducting contentious litigation cases against the government, including appeals and judicial reviews against unlawful immigration decisions made by the Home Office. We are not afraid to challenge public bodies when the wrong decision has been made and we have an enviable record of success in challenging difficult cases in the courts.