Immigration Corner|Appealing an adverse visa decision

Dear Mr. Bassie,

How does one proceed to appeal against an adverse visa decision? I am hoping that you can give me some advice.

– N.K.

Dear N.K.,

Persons can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

• Refuse a protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’);

• Revoke a protection status;

• Refuse a human-rights claim;

• Deport them or refuse a residence document under the Immigration (European Economic Area) Regulations 2016;

• Revoke a British citizenship;

• Deport them, refuse or revoke their status, or vary the length or condition of the stay under the EU Settlement Scheme;

• Refuse or revoke their travel permit or family permit under the EU Settlement Scheme;

Please be aware that the tribunal is independent of government, and a judge will listen to both sides of the argument before making a decision.

If persons do not have the right to appeal, they might be able to ask the Home Office for an administrative review.

How a solicitor or an immigration adviser appeals on behalf of the client depends on their situation. Persons will apply using a paper form if the client is outside of the United Kingdom. Persons should also apply using a paper form if their clients are inside the United Kingdom and any of the following apply:

• They have been refused settled or pre-settled status under the EU Settlement Scheme;

• They are in detention;

• Their appeal is linked to another appeal.

The forms should be posted or faxed to the address on the form. For everything else, persons will need to appeal online, and they will need to create an account first if they do not have one. Persons can get help and advice from a solicitor or an immigration adviser, and they can also contact the Citizens Advice Bureau.

APPEAL FROM OUTSIDE THE UK

Persons can only appeal to the tribunal if they have the legal right to appeal, and they will usually be told if they do in their decision letter.

Persons who have been refused a Tier 1, 2, 4, or 5 visa will be able to ask for the decision to be reviewed at an administrative review, and their refusal letter will usually inform them if they can do so.

Please note that the administrative review process is different if applying for the EU Settlement Scheme. Persons should talk to a solicitor or an immigration adviser if they are unsure about whether they can appeal.

How to appeal

Persons have 28 days to appeal after receiving their decision. Persons who have to leave the country before they are allowed to appeal, have 28 days to appeal once they have left the country.

Persons who apply after the deadline must explain why, and the tribunal will decide if it can still hear their appeal. Please note that persons should apply online if possible as online appeals are quicker than post or fax appeals.

ASK FOR AN ORAL HEARING

Persons can ask on your appeal form for a decision to be made either:

• Just on the information in their appeal form and any documents supplied to the tribunal;

• At a hearing that their representatives can attend.

The tribunal can decide to have a hearing even if persons do not ask for one. Those persons will be advised if this is the case. If the tribunal does not hold a hearing, a judge will decide the case based on the appeal form and documents.

Hearings are normally carried out in public. Persons can ask for it to be held in private or to attend by video link, but they must have a reason, for example, a public hearing would put them in danger.

Persons can also ask for a male or female judge if they think there are issues in their appeal that make it appropriate. The tribunal will decide if it can do this.

Persons should contact the Customer Enquiry Unit before the hearing if any special help is needed, for example, someone attending on their behalf may need wheelchair access.

Customer Enquiry Unit

Telephone: +44 (0)300 123 1711

Monday to Friday: 8.30 a.m. to 5 p.m.

Find out about call charges

FEES

It costs £80 without a hearing and £140 with a hearing. Persons may not have to pay if they receive legal aid, and persons should contact the Tribunal if they are not sure if they have to pay a fee.

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk

Telephone: +44 (0)300 123 1711

Find out about call charges

Persons can pay their fee with a credit or debit card when they make their appeal online or by including their details on the appeal form. Persons who have already made their appeal can also pay the fee online.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com