Immigration Corner | Appealing an adverse visa decision

Dear Mr Bassie,

Can you tell me under what circumstances someone can appeal against an adverse visa decision? I really need some answers.

– M.J.

Dear M.J.,

Persons can appeal against a visa or immigration decision to the First-tier Tribunal (Immigration and Asylum Chamber) in certain circumstances.

That is if the Home Office has decided to refuse their protection claim, also known as ‘asylum claim’ or ‘humanitarian protection’:

• Revoke their protection status;

• Refuse their human-rights claim;

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

• Revoke their British citizenship;

• Refuse or revoke their status, vary the length or condition of their stay, or deport him/her under the EU Settlement Scheme;

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

• Refuse or revoke their permit, or deport them if they are frontier workers;

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

Please note that the tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

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 depends on whether they are applying for themselves or if they are legal professionals appealing on behalf of a client.

Solicitors or an immigration adviser for most cases, 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 their clients are in detention or have been refused settled or pre-settled status under the EU Settlement Scheme.

Persons who are appealing for themselves without a solicitor or immigration adviser should find out online how to appeal from within the UK or outside the UK. Please be aware that there is a different way to appeal if persons made their application before April 6, 2015.

ASSISTANCE

Persons can get help and advice from a solicitor or an immigration adviser. They can also contact the Citizens Advice Bureau, and are advised to read ‘The guide on representing yourself’ if they are not going to have a legal representative. Persons may be able to get asylum support, such as housing and money, if they have been refused asylum.

Persons should contact the tribunal if they have any questions about their appeal.

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.

Find out about call charges.

However, it should be noted that the tribunal cannot give persons legal advice.

URGENT APPEAL APPLICATIONS

With respect to urgent appeal applications, persons will need to write to the tribunal with the reason why their case should be heard urgently and with evidence of compelling or compassionate grounds; for example, letters from a doctor or hospital.

Please note that persons should write ‘expedite requests’ on the top of any documents that are sent with their application. A judge will review the evidence and decide whether the application should be heard sooner than usual. Please note that the application will only be reviewed if persons have paid their tribunal fee, that is, if they need to pay one.

Persons should send their reasons for the urgent appeal and evidence to the tribunal at:

Expedite Requests The First-tier Tribunal

Office of the Duty Judge

First-tier Tribunal (Immigration and Asylum Chamber)

PO Box 6987

Leicester LE1 6ZX

customer.service@justice.gov.uk

Fax: 0870 739 5895

It is also advised that persons should contact the tribunal to check if their application has been received.

I hope this helps.

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, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com