Appeals / Refusals / Removal / Bail
We have an excellent track record of winning appeals. If your application has been refused by the UKBA or Consulate you only have a limited time to appeal the decision.
Further, with many of those appeals that actually proceed to a full appeal hearing, a large number of them are allowed on the day itself, which is excellent.
If you decide to appeal a decision by UKBA or Consulate we will assist you by:
-drafting the grounds of appeal
-drafting your witness statement and the statements of 3rd parties
-drafting the appeal bundle
-arranging a conference for you to meet with a barrister who will represent at the appeal hearing before the Immigration Judge at the Asylum and Immigration Tribunal
Government fee for your appeal
From 19 December 2011 some appeals require a fee to be paid before the tribunal will process them. Your appeal may require a fee to be paid.
Also, from 19 December the Appellants need to lodge their appeals at the tribunal in the UK. The Embassies/High Commissions/Visa Application Centres will no longer be accepting appeals.
Types of appeals
An individual may be eligible to appeal a decision to the Asylum and Immigration Tribunal.
Immigration
An immigration appeal relates to a person who has applied to live permanently in the United Kingdom.
Family Visit Visa
A family visit visa appeal relates to a person who has been refused a visit a family member in the UK.
Human Rights
A human rights appeal is where a person claims their basic human rights have been breached.
The Appeals Process
If your application is denied, The Home Office will send an appeal form and guidance notes to you with their decision.
Your appeal form must be received by the Asylum and Immigration Tribunal (AIT) with the prescribed time as detailed on the letter of refusal.
If your appeal will not be received at the AIT by required date, you must explain why you were not able to submit it in time. The reasons will then be assessed to decide whether there are special circumstances that allow your appeal to proceed.
If you are outside the United Kingdom and wish to appeal against the decision of an entry clearance officer, you may also give notice of appeal by serving it on the entry clearance officer.
Appeal Decisions
It is unlikely that a decision will be reached on your appeal the day of your hearing. The written decision of the AIT, called a determination, will be sent to you and to your representative if you have one. The determination will state whether your appeal has been successful (allowed) or unsuccessful (dismissed) and will give the reasons for the decision.
Review of Decisions
Applications for reconsideration of dismissed appeals may be granted on the grounds it made an error of law. If your appeal has been allowed, the Home Office may apply for a review of the decision in the same way. If the AIT orders a reconsideration of the appeal there will be a new hearing date set.
The application for review must be made within 5 days of receiving the determination if you are in the United Kingdom, or 28 days if you are outside the UK.
If your appeal is allowed and the Home Office make no review application, the Home Office will issue the necessary documents to you, either directly (if you are in the UK) or through the Embassy (if you are outside the UK).
Legal Representation
While not having legal representation does not prevent you making an appeal, it is recommended that you seek legal representation for your appeal as early as possible.
The purpose of the Asylum and Immigration Tribunal is to hear and decide appeals against decisions made by the UK Border Agency and officers in diplomatic posts abroad who can issue visas.
One or more immigration judges may hear an appeal. They are sometimes accompanied by non-legal members of the tribunal. Immigration judges and non-legal members are appointed by the Lord Chancellor and they are independent of the government.
If you make an appeal, you will usually attend the hearing with your legal representative. The UK Border Agency will also have a legal representative at the hearing.
The immigration judge, or panel, will decide whether your appeal against our decision is successful or not (this is known as the decision being ‘allowed or dismissed’). The tribunal’s decision will be given to you in writing. It is called a determination. In certain circumstances you may be able to apply to have the tribunal’s decision reconsidered. The UK Border Agency may also be able to ask to have it reconsidered. There are different ways of making an application for reconsideration, depending on whether your appeal was heard by a single judge or a panel.
DETENTION / LEGAL VISITS
If you are taken in to detention and need advice on your position and whether it is possible to be released, we can arrange to visit you in detention or liaise with your family members to see if we can help.
We cover the following types of work for those in detention:
Advice and assistance to challenge Removal Directions
Advice and assistance to challenge Deportation Orders
Assistance with seeking Temporary Admission
Chief Immigration Officer (CIO) Bail Applications
Immigration Judge Bail Applications
Detention-related immigration applications
Advice on the effects of Removal and/or Deportation and returning to the UK
BAIL
Bail is when someone is detained by the UK Border Agency and is released, on certain conditions. All detainees have the right to apply for bail if they have been in the UK for at least 7 days.
If you are in custody over a visa matter, we can help get you released from detention.
Your bail application will be heard by a specialist immigration judge at an Asylum and Immigration Tribunal (AIT).
You must act quickly because when a person is detained, this usually means that the immigration authorities plan to remove them in the next few days.
What steps can be taken to get a person released ?
An application to the UK Immigration Services for Temporary Admission or Temporary Release is possible, or an application for Chief Immigration Officer (CIO) for bail. Where a person has just been detained these are unlikely to be successful in some cases.
Bail applications :
-CIO bail application – temporary release
-Immigration Judge bail –Tribunal application
The alternative is to apply for ‘bail’ to the First Tier Tribunal (Asylum and Immigration Chamber. (FTT IAC). This is an application for a person to be released subject to certain conditions, such as:
-That they agree to pay an amount of money
-A friend or relative agrees to pay an amount of money
-That the person resides at a certain address
-They the person is electronically tagged
-That the person reports to the Immigration Service at a frequency of, for example, once a day, once a week or once a month
When is a bail application most likely to succeed ?
This is a difficult question to answer, but some general guidance is possible:
Where a person’s removal from the UK is not likely to be for several weeks or more, it is difficult to justify ongoing immigration detention and a bail application may well succeed
Where removals to a certain country are not possible for practical or other reasons, detention would normally be unlawful and a bail application should succeed
Where a person is a survivor of torture, they should not be detained
Unaccompanied minors should never be detained other than for a very short period in their own best interests
Families should not generally be detained other than for short periods before removal
What we can do for you:
In order to complete your UK Visa application efficiently your immigration matter will be dealt with in five stages:
- A detailed assessment of your personal circumstances
- Pre-application, where we will ensure that we receive the correct documents to strengthen your case
- The completion of your Bail application
- Submission of your Bail application
- Contact you and Immigration Centre in charge of your bail in order to obtain a grant of bail for you
Illegal Immigrants
Would you like to make your stay in the UK legal?
If your UK Visa has expired, you have no Visa or have breached your Visa conditions you are considered as an illegal immigrant. If this is the case you are likely to be held in detention and deported.
If you have lived in the UK as an illegal immigrant for a considerable amount of time you have a good case for citizenship. We can help make you a UK citizen for many reasons.
Illegal immigrants may have a case for Asylum or on a Human Rights basis to stay in the UK.
The European Convention on Human Rights, prevents the UK sending someone to a country where there is a genuine risk that they will be exposed to torture, inhuman or degrading treatment or punishment.
It would be unlawful for the UK immigration service to return an illegal immigrant to their own country if there is a strong chance that they will have to face torture, degradation and inhumane treatment.
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