Immigration Appeals and Refusals Solicitors

Understanding your refusal

A Home Office refusal can feel final, but it is often the start of a process rather than the end of the road. The first and most important step is to understand precisely why the application was refused, because the reasons determine which routes are available to challenge it and which are likely to succeed. Refusal letters can be dense and technical, and they do not always make the available options obvious. We read the decision carefully, identify the errors of fact or law it may contain, and explain in plain terms what has gone wrong and what can be done about it. Because the deadlines to act are short, we move quickly.

Administrative review

For many refusals, particularly under the points-based system and other routes without a full right of appeal, the available remedy is an administrative review. This is a request for the Home Office to look again at a decision said to contain a case-working error, such as a misapplication of the rules or a failure to take account of evidence already submitted. Administrative review does not generally allow new evidence to be introduced, and it must be requested within a short, strict deadline. We assess whether your refusal qualifies and, if so, prepare focused submissions that pinpoint the error and ask for it to be corrected.

Appeals to the First-tier Tribunal

In defined circumstances, you have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), most commonly where a human rights or protection claim has been refused. An appeal is a judicial process before an independent judge, and unlike administrative review it can involve fresh evidence and oral testimony. The grounds usually centre on the decision being unlawful, for example because it breaches human rights or is otherwise contrary to the law. Strict time limits apply for lodging an appeal, and missing them can be fatal to the challenge. We confirm whether you have a right of appeal, lodge it in time, draft the grounds, and prepare the evidence and arguments for the hearing.

Grounds of challenge

The grounds on which a decision can be challenged depend on the route of challenge. An administrative review focuses narrowly on case-working errors, while a tribunal appeal turns on whether the decision was unlawful, including on human rights grounds. Identifying the strongest grounds requires a close reading of the refusal against the relevant rules and the law. We focus the challenge on the points most likely to succeed, supported by clear evidence, rather than rehearsing every possible complaint.

When a fresh application is the better route

Challenging a refusal is not always the best course. Where there is no right of appeal or review, or where the application failed because of evidence that can now be supplied, a carefully prepared fresh application may be faster and more likely to succeed than a challenge. The key is to understand exactly why the first application failed and to address each reason directly. We give honest, practical advice on whether to challenge the decision or to reapply, so that you do not waste time and money on the wrong route.

How we help

We act on a fixed-fee basis and confirm any Home Office or tribunal fee, which can change, at consultation. Our priority is to act within the deadlines, to choose the route with the best prospects, and to present your challenge or fresh application as persuasively as possible. If you have received a refusal, contact us today so we can advise you before the time to act runs out.