Appeal to the First-tier Tribunal
Certain protection, human-rights, EU Settlement Scheme and other specified decisions carry a right of appeal. The tribunal is independent and considers the appeal within the grounds allowed by law.
Strategic advice after an adverse immigration decision, focused on deadlines, evidence and the most effective remedy.
Choose an enquiry starting pointThe first task after an adverse immigration decision is to preserve the available options. We review the decision, the application and the evidence together, identify the correct deadline and remedy, and explain the effect on immigration status before a challenge or fresh application is pursued.
Not every refusal carries a right of appeal or administrative review. The decision notice, the type of application and the nature of the alleged error determine which remedy is available and whether new evidence can be used.
Certain protection, human-rights, EU Settlement Scheme and other specified decisions carry a right of appeal. The tribunal is independent and considers the appeal within the grounds allowed by law.
Some eligible immigration decisions can be reviewed by the Home Office for caseworking error. The review is generally focused on whether the original rules and guidance were applied correctly.
Where the problem can be corrected with stronger or updated evidence, a fresh application may be more effective. Reconsideration is only available in limited circumstances and is not a substitute for an appeal or administrative review.
Judicial review challenges the lawfulness of a public body’s decision or conduct rather than simply arguing that the outcome was wrong. It is a specialist remedy, usually considered after any adequate alternative has been examined.
We secure the full decision notice and establish when and how it was served so that the operative deadline can be identified immediately.
The decision is checked for a right of appeal, administrative review or another challenge, rather than assuming the notice has described every option correctly.
Each refusal reason is tested against the application, the Immigration Rules, applicable guidance and the decision maker’s treatment of the evidence.
We distinguish evidence that was already before the Home Office from new material and consider whether the chosen procedure permits or benefits from it.
Continuing permission, work and travel, family members, possible removal action and the effect of making a new application are considered before the strategy is fixed.
Prospects, cost, timing and the result each remedy can achieve are compared so that the response is legally sound and commercially sensible.
We reconstruct what was submitted, what the decision maker considered and what has changed since, then build the evidence around the permitted grounds of challenge.
The complete refusal, cancellation or review decision together with the email, envelope or online notification showing when it was received.
Forms, uploaded documents, representations, appointment records and correspondence showing exactly what was placed before the decision maker.
A clear history of applications, grants, refusals, travel and current status, including the position of affected family members.
Documents answering factual concerns or recording a change in circumstances, assessed for whether and how they can be relied upon in the chosen procedure.
Statements, expert reports, medical material or country evidence where these are relevant, proportionate and permitted.
Requests for information, complaint or escalation records, pre-action correspondence and proof of any failure to consider material already supplied.
No. Appeal rights arise only for specified types of decision. Other decisions may carry administrative review, may be better addressed through a fresh application or, in suitable cases, may require another legal remedy.
Deadlines vary according to the remedy, where you are and how the decision was served. The decision notice should be checked immediately because waiting can narrow the available options and require an application for extra time.
An appeal is determined by an independent tribunal within the permitted grounds. Administrative review is carried out by the Home Office and asks whether an eligible decision contains a caseworking error under the relevant rules.
Sometimes, particularly where missing or updated evidence can resolve the problem. But a new application may affect an administrative review, immigration status or other rights, so it should be compared with a challenge before it is submitted.
That depends on the procedure. An appeal may allow relevant evidence under the tribunal rules, while administrative review usually examines the original decision record and accepts new evidence only in limited circumstances.
Judicial review examines whether a public body acted lawfully, not simply whether a different decision would have been preferable. It has strict procedural requirements and should be considered promptly after alternative remedies are assessed.
This page provides general introductory information, not advice on an individual matter. Immigration requirements and Home Office practice can change. Please contact the team for advice on your circumstances.
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