Immigration Corner | How to appeal a visa or immigration decision

Dear Mr Bassie,

I would like to know how I can appeal against a visa decision. I would appreciate your advice.

KU

Dear KU,

Persons can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

• Refuse a protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)

• Revoke a protection status

• Refuse a human rights claim

• Refuse a residence document or deport them under the Immigration (European Economic Area) Regulations 2016

• Revoke British citizenship

• Refuse or revoke a status, vary the length or condition of their stay, or deport them under the EU Settlement Scheme

• Refuse or revoke a travel permit or family permit under the EU Settlement Scheme or restrict rights to enter or leave the UK under those permits

• Refuse or revoke a permit or deport them if they are a frontier worker

• Refuse or revoke leave or deport them if they are an S2 healthcare visitor

The tribunal is independent of government. A judge will listen to both sides of the argument before deciding.

Please note that if persons do not have the right to appeal, they might be able to ask the Home Office for an administrative review.

HOW TO APPEAL

How persons appeal will depend on whether they are applying for themself or if they are a legal professional appealing on behalf of a client.

APPLYING AS A SOLICITOR OR AN IMMIGRATION ADVISER

For most cases, persons must appeal online using the MyHMCTS service. They will need to create an account first if they do not have one. They must only appeal using a paper form if the client is in detention.

APPEALING FOR ONESELF WITHOUT A SOLICITOR OR IMMIGRATION ADVISER

Persons should seek help and find out how to appeal from within the UK or from outside the UK. Please be aware that there is a different way to appeal if persons have made their application before April 6, 2015.

AVAILABLE ASSISTANCE

Persons can get help and advice from a solicitor or an immigration adviser and they can also contact Citizens Advice.

Those persons who are representing themselves should read ‘The guide on representing yourself’ if they are not going to have a legal representative. They may be able to get asylum support (such as housing and money) if they have been refused asylum.

Persons should contact the tribunal at the address below if they have any questions about their appeal. Please note that the tribunal cannot provide legal advice.

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk

Telephone: 0300 123 1711

Monday to Friday, 8:30 a.m. to 5 p.m.

URGENT APPEAL APPLICATIONS

Those persons who believe that they have an urgent appeal application will need to write to the tribunal with:

• The reason why their case should be heard urgently

• Evidence of compelling or compassionate grounds, for example, letters from a doctor or hospital.

Those persons should write ‘Expedite requests’ on the top of any documents they send with their application. A judge will then review the evidence and decide whether the application should be heard sooner than usual.

Please note that the application will only be reviewed if the applicant has paid the tribunal fee, that is if one needs to be paid.

The applicant should send their reasons for the urgent appeal and evidence to the tribunal.

Expedite Requests The First-tier Tribunal

Office of the Duty Judge

First-tier Tribunal (Immigration and Asylum Chamber)

PO Box 6987

Leicester LE1 6ZX

To ensure receipt, persons should contact the tribunal to check if their application has been received. They should use the following email to make contact:

Expedite Requests The First-Tier Tribunal

customer.service@justice.gov.uk

Good luck!

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com