Immigration Appeal
At Fard Solicitors, we understand that facing a refusal or revocation decision from the Home Office can be a challenging and stressful experience. Our expertise lies in guiding you through the process of appealing to the First-tier Tribunal (Immigration and Asylum Chamber), ensuring your case is presented effectively and professionally.
Overview of Appeals
The First-tier Tribunal independently reviews decisions made by the Home Office concerning various immigration and asylum matters. This includes cases where the Home Office has:
- Refused your protection claim (asylum claim or humanitarian protection).
- Revoked your protection status.
- Refused your human rights claim.
- Refused or decided to deport you under the Immigration (European Economic Area) Regulations 2016.
- Revoked your British citizenship.
- Refused or revoked your status, altered the terms of your stay, or decided to deport you under the EU Settlement Scheme.
- Refused or revoked your travel or family permit, or restricted your rights under the EU Settlement Scheme.
- Refused or revoked permits, or decided to deport you if you are a frontier worker.
- Refused or revoked your leave, or decided to deport you if you are an S2 healthcare visitor.
The Tribunal Process
The tribunal is a judicial body independent of the UK government. During the hearing, a judge will consider arguments from both you (or your legal representative) and the Home Office. This impartial setting is designed to ensure a fair and just review of the decisions in question.
Your Right to Appeal and Administrative Reviews
Not all decisions carry the right to appeal. In cases where an appeal is not automatically granted, you may request an administrative review by the Home Office. This is a re-evaluation of your application using the same evidence, to ensure the decision was made correctly.
Frontier Worker Permit and S2 Healthcare Visitor Visa Applications
If your application for a frontier worker permit or S2 healthcare visitor visa is unsuccessful, there’s an opportunity to reapply at no additional cost, especially if you have new evidence to present.
How Fard Solicitors Can Help
Our team at Fard Solicitors specializes in immigration law and has extensive experience in representing clients at the First-tier Tribunal. We provide:
- Comprehensive legal advice tailored to your specific situation.
- Assistance in preparing and submitting your appeal.
- Expert representation at tribunal hearings.
- Support in gathering and presenting new evidence for administrative reviews or reapplications.
Contact Us for Expert Legal Support
If you’ve received a decision from the Home Office that you wish to challenge, contact Fard Solicitors today. We are committed to advocating on your behalf and guiding you through each step of the appeal process.
FAQ's
To request an urgent appeal, write to the First-tier Tribunal, Office of the Duty Judge at PO Box 6987, Leicester, LE1 6ZX, with 'Expedite Requests' marked on your documents. For detailed assistance in compiling and submitting your urgent appeal, Fard Solicitors is here to help.
You can appeal if you have a legal right, typically mentioned in your decision letter. Unsure about your eligibility? Contact Fard Solicitors for expert guidance and confirmation of your right to appeal.
Appeal using the online service or paper form IAFT-5 if self-representing, or MyHMCTS service if you're a legal professional. For a comprehensive and stress-free appeal process, let Fard Solicitors handle it for you.
Appeal fees are £80 without a hearing and £140 with a hearing. Payments can be made online or via the appeal form. Fard Solicitors can assist in managing these fees and ensuring your appeal is financially in order.
The hearing involves a review by a judge, and you or your representative may need to attend. Fard Solicitors can represent you at the hearing, ensuring your case is presented effectively.
If appealing from outside the UK, use the online service or the relevant form depending on your case. Fard Solicitors can expertly manage your international appeal, adhering to all necessary guidelines.
For pre-April 6, 2015 applications, use forms IAFT-1 or IAFT-3. Fard Solicitors can help you navigate these specific appeals with our expertise in older immigration rules.
Contact the Customer Enquiry Unit for special hearing accommodations. Fard Solicitors can also make these arrangements for you, ensuring your needs are met during the hearing.
Check your appeal's status by contacting the tribunal at customer.service@justice.gov.uk or via fax at 0870 739 5895. Fard Solicitors can also track your appeal for you, providing regular updates.
Post-hearing, you’ll receive a decision by post or in person. If you need assistance with post-decision steps or if you wish to contest the outcome, Fard Solicitors offers expert legal support.
For tribunal decisions and relevant legislation, consult the government's decisions database and legislation websites. Fard Solicitors can help you understand how these apply to your case for a well-informed appeal.
A reconsideration request is a process to have the decision on your UK visa or immigration application reviewed. It's different from a formal appeal or administrative review and is applicable if you don’t have the right to either of these.
You can request reconsideration if you believe immigration rules or policies weren’t correctly applied to your decision. This includes incorrect type or expiry date on your leave, or if you have new evidence about application dates or document authenticity.
You must be in the UK and have applied for a transfer of conditions (TOC), no time limit (NTL), an extension, a switch, or settlement. Fard Solicitors can assess your eligibility and guide you through the process for better results.
You can't make a request if you have the right to an appeal or administrative review, have made a new application, or if you’ve been granted permission in a different visa category. For advice on your specific situation, contact Fard Solicitors.
Write a letter explaining why the decision was incorrect, referring to the relevant rules or policies. The request should be sent to the decision-making team as shown on your decision letter. For professional assistance in drafting your request, Fard Solicitors can help.
You should make your request as soon as possible and no later than 14 days after receiving your application decision. Fard Solicitors can ensure your request is submitted promptly and accurately.
No, you can only make one reconsideration request. If you need help ensuring your request is comprehensive and effective, consider enlisting the services of Fard Solicitors.
If you made a request before November 13, 2012, and your status is unresolved, it will still be considered. Fard Solicitors can provide guidance on legacy requests and help you navigate any complexities.
If your circumstances have changed, it might affect your eligibility for reconsideration. For personalized legal advice, reach out to Fard Solicitors.
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