In-country appeals usually apply where someone has been granted the right of appeal following the refusal of an application for leave-to-remain from within the United Kingdom. (In some cases it may be appropriate to threaten to take the Home Office to court where the in-country right of appeal has been withheld).
The appeal hearing will take place in the First-tier Tribunal and the location will depend on the appellant’s address in the United Kingdom. Our immigration appeals solicitors cover hearings in and around London as well as Birmingham, Newport and as far away as Newcastle. Visa refusal solicitors have an extremely high rate of success in these appeals.
Out-of-country appeals usually apply where someone has been refused an entry clearance visa to the United Kingdom.
The appeal hearing will usually take place in the First-tier Tribunal in or around London. We have an extremely high rate of success in these appeals.
Where there is no right of appeal there may still be a right of administrative review. At Montecristo LLP we have made many successful administrative review applications by showing that a decision was refused due to an error made by the caseworker.
Occasionally, even where the right of administrative review has not been expressly given a review can nevertheless be conducted which over turns the decision, for example in a visitor’s refusal where a detailed pre-action letter is sent. It may therefore be appropriate where you receive a decision that you do not think is correct to seek our independent legal advice.
Either party has a right to appeal within 14 days of the tribunal’s decision (referred to as the “determination”). There are two chances to ask for permission to appeal, firstly to a the First-Tier Tribunal Judge and thereafter to an Upper Tribunal Judge. If an arguable error of law is found, there will be a hearing at the Upper Tribunal and the decision may be remade or sent back to the First-tier Tribunal for a rehearing. Whilst the Home Office could attempt to appeal any determination they most commonly do this in deportation appeals.
Contrary to the common perception, these appeals are very rare and only usually arise when there is an important principle of law in question. In appropriate cases your immigration appeals solicitors will seek the opinion of a suitable barrister with considerable experience and reputation or a Queen’s Counsel (QC). Our lawyers have previously been responsible for some extremely important human rights cases in the Court of Appeal and will always advise if they feel that an onward appeal is appropriate.
Our UK immigration appeals solicitors can assist with all stages of the process and fully prepare the application on behalf of the client. We will advise on the merits at the outset and make clear the legal and evidential requirements so that the application is set up on the best footing from the very start. We of course advise on all the supporting documents and evidence required and take the client through the immigration process from start to finish.
Our specialist immigration lawyers can assist with templates for documents specified by the Rules and deal with third parties where necessary and we aim to make the whole process as smooth as possible. If there are any issues in your immigration matter you will know before applying and we can help best overcome them. In short, we prevent mistakes and ensure any application meets the requirements of the Immigration Rules. We are here to help you safely navigate your way through the UK immigration process.