Appeals Against Home Office Decisions

Challenging a Refusal of Your Application to the Home Office

When the Home Office refuses any sort of immigration application, it must give reasons why. There are various ways to challenge the reasons and appeal against Home Office decisions depending on the type of application.

How to appeal against Home Office decisions

The most common way of disputing a Home Office refusal is to lodge an appeal in the Immigration Tribunal. The Immigration Tribunal is like a court.

If you have made an application for a member of your family to enter or stay with you in the UK and it has been refused, you can appeal. Or if your asylum claim has been refused, again you can appeal. If there are human rights involved, you have a right of appeal.

Sometimes an appeal would be a waste of time and money. Again we will advise you if we think this may be the case. We are honest and ethical. We do not take money from clients to make hopeless appeals, unless the client insists despite knowing the risk of failure.

There are refusals which are 'certified' by the Home Office, which means there is no right of appeal.  This can happen if the Home Office believe you have made repeated applications with the same arguments and evidence. Your options will be restricted in this situation. You will need to take advice from experienced and trustworthy immigration lawyers.

Some types of application do not give you a right of appeal. We will advise you of this and set out alternative options. One option is Administrative Review.

Administrative Review

This is available for certain applications from outside and within the UK. Again there are deadlines to apply for Administrative Review so you must act quickly.

Administrative Review is concerned with 'casework errors'. For example, if the Home Office has refused your application because a piece of evidence was not submitted, and yet it was submitted and you have the proof. Or if the decision maker has made an error calculating salary or the length of leave for example. If you successfully apply for Administrative Review, your application will be granted. This is generally a quicker and cheaper option than Appeals, but there are limitations to its use.  

Working with us

At Immigration Legal Services, we have been acting for clients at Appeals for many years. We offer a full service which means we lodge the appeal or review, and we thoroughly prepare your case so it is as strong as possible when it is heard in front of an immigration judge. This could involve the need to seek expert evidence and witness statements. We use the legislation and case law to back up our arguments.

One of our team will represent you at the Immigration Tribunal. We will be there on the day to advise and to be by your side during this difficult experience. This is because we know how important your immigration status is to you and your family so we ensure you are properly prepared and know what to expect on the day of the appeal hearing.

"Having now taken an appeal through to a successful conclusion for the (very reasonable) price promised, I have no hesitation in recommending this firm."

Jon Chrimes

We have an outstanding reputation for our appeal work, both in the preparation and our appearances in the Tribunal. Our lawyers fight every step of the way for our clients. That's why our success rate at Appeal is over 90%.

Individual circumstances

Some clients come to us when they have made an immigration application themselves and it has been refused. We will look at the refusal and advise whether the client can appeal. We also assess whether an Appeal has any chance of succeeding.

If you have made an application for a Visa to enter the UK and you have been refused, an Appeal can still be heard within the UK. Although you cannot appear at the Tribunal, we will represent you and work with you and your family to mount a strong Appeal.

Sometimes we discover that our Immigration Bail clients are eligible to apply for lawful immigration status in the UK. If that is the case, we can advise you.

How does the process work?

Once a refusal is received, the clock starts ticking and an Appeal must be lodged within 14 days if the application has been made within the UK or 28 days if the appeal has been made from outside the UK. It is vitally important that the Appeal is lodged with the Immigration Tribunal in time. It is possible to deal with an Appeal which is lodged late; this simply adds another obstacle to the process and we avoid this whenever possible.

If the application was made outside the UK, there is a two stage process. First of all, a Home Office Entry Clearance Manager takes another look at the decision to refuse along with our detailed 'grounds of appeal'. They may overturn the decision at that point - which means that the Visa is granted. Or they may uphold the refusal decision. This means your case will go to a hearing at the Immigration Tribunal in front of an Immigration Judge.

Applications made in the UK go straight for a hearing at the Immigration Tribunal.

Once we have a date for the appeal hearing, we start to prepare. This involves gathering any new evidence, drafting legal arguments, taking witness statements and commissioning expert evidence if necessary.

We will keep in touch with you and we are here to answer any questions or worries you may have about making an appeal against Home Office decisions.

Frequently Asked Questions

My mother's Visit Visa was refused. Can I appeal?

It depends. If there was insufficient evidence given to the Home Office, it may be better to simply make another visit visa application and supply better evidence. Appeals against Visit Visa refusals are only available if there are human rights issues involved. Come and see us to discuss the best option.

I have lost my appeal in the Immigration Tribunal. Is there anything I can do?

It is possible to appeal to the Upper Immigration Tribunal if there has been an error of law in the the lower Immigration Tribunal. This needs a careful examination of the Judge's decision. You need to take legal advice.

My application for a Student Visa has been refused. Can I appeal? 

No. There is no appeal available for these applications. However, you can ask for an Administrative Review if you believe there has been a casework or administrative error in your application.

Get in touch
Challenging a Refusal of Your Application to the Home Office
If you have received a refusal from the Home Office, you must act quickly. Call or email us for a free 20 minute consultation and we can advise on your options.
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  • We couldn't praise Sallie and her team high enough. Extremely professional and acted very fast to meet our deadline. 100% recommended!
    Mr E
  • Always thorough and highly professional throughout the application process for both my children, and I would definitely recommend! They also had a welcome sense of humour when it came to dealing with the bureaucracy involved in the process.
    Mr B
  • Great experience working with Sallie. Professional and understanding! Will work with her again, with no doubt.
    Ms L
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    Mr Yazici
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  • Just received a decision from the Home office that I would’ve NEVER thought was possible. So happy and over the moon! I would definitely recommend your services to friends & family if required in the future. Huge thanks to Sallie and the team, best immigration solicitor in the business!!
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  • Angela Cole is a wonderful, hardworking, honest, kind and reliable Solicitor. Her work is very high standard, very professional and her team is friendly. Me and my husband have no hesitation in recommending Angela Cole's excellent services.
    Ms Small
  • "Simply a team of experienced people who gave us excellent and honest advice. Having now taken an appeal through to a successful conclusion for the (very reasonable) price promised, I have no hesitation in recommending this firm."
    Jon Chrimes - Google Review
  • "The team went an extra mile and fought my case much more and much better than I would have expected. In the end, my case was successful and I cannot thank them enough for all they have done. If I ever need legal help in the future I will definitely use their services again and recommend them for their reasonable prices, supportive advice and first rate legal services."
    ANONYMOUS - Google Review
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    Lindy Pine - Google Review
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  • A BIG THANK YOU , for your help in helping me acquire my British settlement and British citizenship application successfully done. Your professionalism and kind warm attitude and nature made this process very easy and stress free. You took all my concerns away. 

    My Lawyer, Sallie Davies, is very knowledgeable and competent and I have implicit trust in her. The fees are also reasonable compared to other law firms. I highly recommend Sallie and her team.
    MRS. H
  • Thanks to Sallie, my wife is finally in the UK after a horrible year and long delays with Home Office. Highly recommended Immigration Legal Services! 
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  • Angela Cole and everyone at Immigration Legal Services will work to produce the best outcome for you and, from our experience, they only concern themselves with your goal and not your wallet. Immigration Legal Services' charge was a very good price for all the help and security they provided
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  • I would like to thank both of you, Sallie and Karen for your assistance in the way you handled my wife's Spouse Visa Extension to remain here with me in the United Kingdom. We will recommend The Immigration Legal Services here in Ipswich to anybody who wants to apply for a visa to come or remain here in the United Kingdom because the service they provided proved to be most reliable, simple and quick process. Much appreciated Sallie and Karen. Thanking you once again. We will be back again.
  • Excellent service, Sallie is very professional and lovely. Thanks to you what we thought it will be a long and exhausting experience, was so smooth and fast we couldn't believe it. Thank you very much.
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  • We engaged this firm based on a recommendation made by a friend who had used their services before. We required their assistance for my wife's first renewal of her spousal visa. The process was quite painless, they got in touch to collect documents and go over details but most communication was done by email. We received the renewal without any issues.
  • Sallie was the best solicitor I've met for immigration matters. She was straight to the job, focused on the matter and had an excellent transparent work process, a reasonable fee and no hidden charges. She is very helpful, confident and had the best communication. We got our parents' visa in one go! Thank you very much for the excellent job.

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