Refusals and Appeals

Even if we did not deal with your original application you can still come to us for help on an application that has been refused or a case that has run into difficulties. If you have received a refusal, do not delay getting advice and help.

The system of appeals in UK immigration law is very complex.  Some refusals carry a right of appeal, others do not.  A further complication is that even where it is stated in the refusal that there is no right of appeal, this does not mean that there is no right of appeal on the grounds of human rights or race discrimination. Some people who are refused have a right of appeal, but one that can only be exercised after they have left the UK, also known as an 'out of country' or suspensive appeal.

Where an administration decision, and that includes not only a decision from the UK authorities such as the Border and Immigration Agency (BIA) of the Home Office but also a decision of a tribunal such as the AIT, does not carry a right of appeal, then a person can apply to have the fairness and propriety of the decision scrutinised by the UK High Court, by making an application for judicial review.

A successful appeal or review may be the end of the case, or the Home Office may try to appeal or challenge the decision further.  In some cases, the result of a successful appeal or review is that the case goes back to the Border and Immigration Agency (BIA) or to the immigration judges of  the AIT to be decided again.

We can advise you on the possibility obtaining a review of a decision, or of appealing, on the prospects of success, the costs implications, and on your alternatives.

Further appeals to the higher courts in the UK and internationally, including judicial review in the UK courts and appeals to the European Court of Human Rights, may be necessary when your case can only succeed if you succeed in changing the existing law. We are recognised as being "at the forefront of developments in this area" and 'constantly striving to push the boundaries'.

We do not incur costs without your express consent and take time and care to make sure that you have the most accurate possible estimate of what your case is likely to cost.

However difficult things look at the moment,  to give yourself the best possible chance of sorting things out, contact us for realistic advice on your options, prospects of success and how we can represent you.