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Certain refusals of immigration applications (e.g. family visa applications) and asylum claims come with right to appeal. In such cases, the applicants can lodge appeals against the refusal decision, provided there are grounds (e.g. illegality) for the same. The appeals are first heard before the First-Tier Tribunal (Immigration and Asylum Chambers) (“the FTT”). A decision of the FTT can be challenged to the Upper Tribunal (“the UT”) and a decision of the Upper Tribunal can be challenged in the Court of Appeal or the High Court (depending on the type of decision). However, moving the challenge to the higher courts and tribunals, require permission from them.
Key Stages and Timescales:
- Initial Assessment (2-5 days): Assessing the case, identifying grounds of appeal and advising client on the same.
- Filing the Appeal: The deadline for filing an appeal is 14 days from the date of the decision for applications made in the UK, and 28 days from the date of the decision for applications made outside the UK. We always ensure that an appeal is filed within this timeframe.
- Home Office’s Bundle: Usually within 4-12 weeks of making the appeal, the Home Office files its bundle of documents. This bundle usually contains copies of the refusal-decision, visa application form and other documents submitted with the visa application.
- Appellant’s Bundle, Witness Statement and Skeleton Argument: The Appellant is given 4-6 weeks after the filing of the Home Office’s Bundle to file his or her documents bundle including witness statements in support and skeleton argument.
- Respondent’s Review: The Home Office is then asked to review the Appellant’s Bundle and skeleton argument and inform the Tribunal whether it wishes to withdraw the refusal decision or continue to defend it. This review process usually takes 4-6 weeks, following the submission of the Appellant’s skeleton argument.
- Reply to the Respondent’s Review: If the Appellant wishes, he or she can provide a Reply to the Respondent’s Review within the next 14 days.
- Hearing Requirements: The Appellant is then asked to submit the hearing requirements, e.g. whether any interpreter or special arrangement would be required for the Appellant or any witnesses, the number of witness who would attend the hearing on behalf of the Appellant and their names.
- Listing and Hearing: The Appeal is then listed for a hearing. Immigration appeal hearings usually last for 1-2 hours, whereas hearings for Asylum applications tends to take a bit longer. Our lawyers can conduct the advocacy on behalf of our clients at the First-tier Tribunal and the Upper Tribunal for the immigration and asylum appeal hearings. The clients can also engage barristers (otherwise known as counsel) for the advocacy.
- Where an appeal is decided in favour of the Appellant or where the Home Office withdraws the refusal decision: In such event the Home Office proceeds to make a new decision, usually within the next 2-3 months.
- Where an appeal is decided against the Appellant at the First-tier Tribunal (“the FTT”): The Appellant may choose to end the case there or seek to appeal to the Upper Tribunal (“UT”) against FTT’s decision. For the latter, at first a permission application (with grounds) needs to made to FTT within 14 days from the date when the FTT’s determination is sent to the applicant (unless the applicant is outside the UK, when the deadline is the 28 days). If FTT grants permission, the matter proceeds to a hearing before the UT. If FTT refuses permission, the Appellant can then seek permission to appeal from UT, within 14 days from the date when the FTT’s permission refusal decision is sent to the applicant (unless the applicant is outside the UK, when the deadline is the 1 month). The Home Office may also seek to appeal to the Upper Tribunal or higher courts where it is not satisfied with FTT’s decision.
- When permission application is refused by UT: The Appellant can file a judicial review application (known as the “Cart JR”) to the High Court (Administrative Court) within 16 days of UT’s decision being sent to the applicant. For further details of the procedure for Cart JR, please contact us.
- Where permission to appeal to UT is granted: First the opposition party (i.e. who did not apply to take the case to UT) is asked to file a Rule-24 Response to the grounds of appeal to UT. Then a hearing takes place at UT, usually within 3-6 months of the permission to appeal being granted. After hearing the case UT may dismiss the appeal, re-hear the appeal or remit it back to FTT for a re-hearing, either on certain aspects or for the entire case. If the matter is remitted back to FTT, then a second hearing takes place at FTT.
- Appealing against UT’s appeal determination: UT’s determination can be appealed to the Court of Appeal. This is also a 2-stage process. At first permission to appeal is sought from UT by making an application within one month. If that application is refused, then an application for permission can be made to the Court of Appeal within 28 days of UT’ permission refusal decision being sent to the applicant.
- Appeal before the Court of Appeal and challenges to more senior courts: For details about these issues, please contact us.
Our fees
We usually charge fees for dealing with immigration and asylum appeals on time-spent basis. For details this, please visits our Fees {hyperlink} page.
Fee estimate:
This varies from cases to case, depending on the complexity, volume of documents and the length of the case. Typically, we would charge the following:
- Filing appeal before FTT, preparing witness statements, documents bundle and skeleton arguments: £2,000 – £3,000
- Brief fee for hearing before FTT: £1,000 – £2,000
- Permission to appeal before UT: About £1,000
- Preparing Rule 24 Response: £800 – £1,500
- Preparation for hearing before UT (including bundle and documents preparation): £800 – £1,000
- Brief fee for hearing before UT: £1,000 – £2,000
- Permission to appeal to the Court of Appeal: About £1,000 plus counsel’s fee for preparing the grounds
- Preparing and submitting Cart JR application: £4,000 – £10,000
*No VAT is applicable on our fees as we are not yet VAT registered.
The disbursements are likely to be as follows:
- Tribunal’s fee for filing the appeal to FTT: £140
- Counsel’s fee for hearing before the FTT (if so opted by the client): £1,000 – £3,000
- Counsel’s fee for hearing before the UT (if so opted by the client): £1,500 – £3,000
- Counsel’s fee for preparing Rule 24 response or any of the permission grounds (if so opted by the client): £1,500 – £3,000 each
CEO
Dr. Sonia Khan
Phone
+44 (0)7738369514
office@drsoniakhansolicitors.com
Location
Unit 10, 384 Abbott Road, London E14 0UX
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