How our Appeal Service Works
Before Regent takes an appeal
- Assessing the refusal
- 1 – Contact Us!
- 2 – Speak to a specialist
- 3 – Send us the refusal decision by email or fax
- 4 – Our Specialist will call you back
- Feedback from Appeal Specialist
- 1 – Our Appeal strategy
- 2 – The prospects of success
- 3 – The Cost of the Appeal
- 4 – The Time Scales
- 5 – The Steps We both must take
1 – The Appeal Form Needs to be submitted by the appeal deadline
- Which Form?
- IAFT – 1 from inside the UK
- IAFT – 2 if outside the UK
- Usually provided with the refusal
- Grounds of Appeal
- Detailed Grounds?
- Standard Grounds?
- Hearing Strategy
- Appeal Sent
- Usually by Fax
- Hearing date Given
- Out of Country Case – an ECM review first
2 – Appeal Preparation
Every Case is Different. We Take charge and Guide you through but we always together!
- Documents to be sent in a bundle 5 days before hearing
- Skeleton Argument
- UKBA Policy
- Case Law
- To set out your side of the story
- A chance to set out your story in detail – We make sure that it covers all the points – especially as the judge will expect all the points to be covered not repeated at the hearing.
- We make sure that the every word is checked for accuracy, so consistency is key.
- We provide bullet points – Take your letter and Edit and re-edit until Perfect!
- Witnesses – Only if they help the case!
- We Check:
- What the witness will say
- Who the witness is
- Whether there is a chance of inconsistency
- Hearing Prep
- What to expect on the day
- What the procedure will be
- What to call the Judge
- What kind of questions you will be asked
Do we need an adjournment?
3 – The Hearing
- Pre Hearing Conference
- Negotiation with Home Office
- Skeleton Argument
- Setting out the case to the Judge
- Examination in Chief – Introducing clients
- Protecting our clients during Home Office Questioning
- Closing Submissions to Judge
- Post Hearing Conference
4 – The Determination
- A written, hopefully detailed summing up of the case and a clear reasoned decision by the Judge
- What we do with the decision
Explain what it means!
- If successful – manage the process to get the visa stamp
- If unsuccessful, then assess the decision for further appeal
- This is highly specialised work
- We usually provide prospects of success
- Must be an error of law!
The Visa Granted
1 – Lengthy process
2 – By post
Immigration Appeals | Immigration Refusals
• Our immigration appeal lawyers always provide a fixed fee to be agreed before we start any work. This gives you assurances as to cost.
• We employ the finest advocates so you can be sure that we will be determined to win appeals, with immigration lawyers you can be proud of.
• We take 100% of appeal cases. Guaranteed. Please call us to arrange a free assessment of your refusal letter. We will then be able to tell you:
(a) What the next best option is;
(b) Your chances of success on appeal;
(c) The overall costs that our appeal lawyers will charge;
(d) How long it will all take.
(e) What documents you might need.
• We don’t simply think we are the best, we actively train other immigration lawyers in how to win appeals.
• Our leading Immigration Lawyers are experienced in winning immigration appeals before the Immigration Courts – known as the First Tier Tribunal (Immigration and Asylum). We have specialist teams who deal with Appeal cases. Our head of department, is an Immigration Solicitor for 10 years and has the experience of over a hundreds immigration cases.
• We undertake all appeals whether the refusal is by the UKBA in the UK or by an Entry Clearance Post abroad.
I have received an Immigration Refusal. What do I do next?
• The UKBA will have provided a reasons for refusal letter.
• Our Immigration Appeal Lawyers offer a free appraisal service. After speaking to s on the telephone, we will invite you to send us a scanned copy of the refusal letter. We can then assess, free of charge, the decision and give you a formal assessment in the following ways:
• Our Immigration Appeal Lawyers will give you a firm quote for the work. We do not adopt a fixed pricing strategy. We give an individual price for the amount of work we will actually do on your case. We will not overcharge or fit your appeal into a cheap pricing strategy.
• We will give you an idea of how long the appeal will take to resolve at the First Tier Tribunal – Immigration and Asylum.
• Where an appeal is from an application made outside the UK, known as a visa appeal, the hearing date at a court can take a long time to be listed within the UK, often around 16 weeks.
• Our Immigration Appeal Lawyers will give you detailed information about your prospects of success at an Immigration Appeal, ie how likely it is you will be successful;
How our Immigration Lawyers win Immigration appeals
• Our Immigration Lawyers ensure that every point in the refusal letter is answered in the Immigration Appeal, through the careful collection of evidence, analysis of case law and collection of witnesses.
• The starting point is always the refusal decision. It is correct to note that the visa appeal should be brought on grounds that are contained in the refusal letter only. Appellants do not need to re-argue all the points made in the application, only the points in the refusal decision.
• Given how important it is to lodge the appeal forms in time, our immigration lawyers often lodge your appeal before taking any professional fees.
• Once the appeal is lodged, an appeal date will be set. Once we obtain a court date, we draft a clear action plan together with our clients. This gives us a clear plan by which specific dates are set to obtain the correct evidence and prepare a statement together. It is important that nothing is missed so we provide our Immigration appeal clients a clear list of documents to obtain.
• We always seek to comply with directions which are sent by the First Tier Tribunal – Asylum and Immigration. The court will usually ask that all documents are sent to them 5 days before the hearing. We always aim towards this deadline to assist clear planning.
• Once all our bundles are lodged at the First Tier Tribunal – Asylum and Immigration we use the remaining 5 days to invite our clients to a further conference to enable them to become comfortable with court procedure. We explain what time to attend at court, what to expect before you enter the court room, what to call the Immigration Judge and even when to stand and sit. These things may not sound important, but we find our clients are much more comfortable giving evidence as witnesses if they know what to expect.
• On the day of hearing, we ensure our clients are never outgunned by hiring only the best specialist immigration barristers or using our own specialist advocates – whichever is better for your case, to represent at our client’s immigration appeals.
Immigration Appeal Services
• They will be fully briefed, with the full involvement in the preparation of the case.
• Our Immigration Appeal Lawyers provide the following services to our Immigration appeal clients.
1. Fully taking the case over, including informing the Immigration Court (called the Immigration and Asylum Chamber – First and Upper Tiers) and Home Office that we are representing you; and
2. full preparation of the witness statements; and
3. full preparation and advice on all documents needed; and
4. fully briefing, specialist and experienced advocates;
5. advocates appearance at court (advocacy and representation)
6. advocates’ advice in preparation of the appeal; and
7. advocates’ skeleton argument; and
8. our preparation of indexed and paginated bundles; including complying with all court directions; and
9. getting you and your witnesses (if any) ready for hearing; and
10. All other work to win the case; and
11. if the appeal is successful meeting all the administrative deadlines so the visa originally applied for is placed in your passport as soon as possible; and
12. If unsuccessful advising you on next steps, further appeals, merits and costs.
Immigration Appeal Fees
• There are no court fees for lodging an appeal or the hearing itself.
• Our legal professional fees are set on an hourly rate. We allow for payments in instalments.
• All fees are complete and transparent and are total costs. These include advocacy fees with no hidden charges.
• All our fees are held in a client account and remain your property until the work is completed. That means that if any time you request a refund you can have your money back minus costs of work completed.
• if you are interested in our Immigration Appeal service, please call our experienced immigration appeal lawyers for a no obligation chat.
Upper Tier Appeals
This further appeal is in two stages.
• The first stage is to make an application in writing to challenge the decision of the lower court, (known as the first tier tribunal).
• This is done by reading through the determination issued by the immigration judge and looking for material errors of law or any mistakes in the procedure that the judge has followed. Once the challenges to the decision have been expertly drafted by our immigration lawyers, this is sent to the court.
• If the grounds are successful, then any further hearing takes place before the Upper Tier of the Tribunal in order to establish whether there was enough in reality an error of law. This is
usually a very technical argument based upon previous legal decisions and they take a lot of skill.
• If this is successful, then the higher courts can either reverse the decision (i.e. put aside the lower judge’s decision and allow the case.) They can also refuse the case, in which case the
judge’s decision stands.
• The third option is to have a retrial or rehearing and the appeals process starts again.
• Our leading experienced immigration lawyers are on hand to draft these grounds. These forms of appeal require a high degree of skill and require the highest level of OISC regulation. We have hold this highest level of OISC regulation.
• If you have been to court and have been unhappy with your representation over at their representation at all and wish to challenge a refusal granted by immigration judge and please contact our lawyers as soon as possible as the deadlines for these applications tend to be very strict.
What is Administrative Review?
• We often have clients who believe their application for entry clearance under the point-based system has been refused by the UKBA due to an error they made. In this situation, the client is not entitled to a full right of appeal. However the individual has the option of requesting a review of the refusal decision. This process is known as an Administrative Review. An example where Administrative Review may be required is to check if claimed points were assessed correctly. Our leading Immigration Lawyers have great experience in winning Administrative Review requests.
• It is important to note that Administrative Reviews only apply to those outside of the UK who are trying to gain entry.
• Applicants are entitled to an Administrative Review but it is important to note that there is a limited amount of days within which the request for it must be made. The request must be made within 28 days. This starts from the date the applicant receives a notice of refusal. An Administrative Review Request Notice is sent with the Refusal Notice. The Request Notice must be completed in full and sent off to the address on the notice. Applicants are not required to send other documents such as passports along with the Administrative Review Request Notice. Passports will only be requested if the refusal decision is changed.
• Our Best Immigration Lawyers advise clients to make the application within the 28 day period, in order to appeal the refusal using Administrative Review. However, if the application is received late by the UKBA, the administrative reviewer will take into consideration circumstances that are exceptional.
• Applicants of an Administrative Review can only request one for each Points Based System refusal. It is only possible to have further applications if new grounds of refusal have been raised. The applicant can then request an Administrative Review of these new grounds of refusal. The Administrative review is conducted by an Entry Clearance Manager.
How Long Does The Administrative Review Take?
• Upon receiving the Administrative Review Request Notice, the administrative reviewer will finalise their review and give notice of their decision in writing to the applicant within 28 days. A decision could be delayed if exceptional circumstances occur on the side of the administrative reviewer. The applicant will be notified of when to expect the decision in writing.
• When reviewing an applicant’s Administrative Review request, a thorough examination of the evidence submitted with the original application will be done. New evidence may be required from the applicant or a third party. This will be related to the original entry clearance application. Our experienced immigration Lawyers London will make sure your request is dealt with as swift as possible.
How Are Administrative Review Decisions Made
All aspects of the refusal will be reviewed by the administrative reviewer not just the part of refusal that has been requested by the applicant. Some areas the administrator checks include:
• The correct amount of points have been awarded
• A correct assessment of documents
• A proper verification check has been carried out
The administrative reviewer may recommend a reversal of the refusal decision if they find that the ECO (Entry Clearance Officer):
• Did not consider evidence submitted with original application properly
• Made errors in processing the visa application
• Failed to apply Immigration Rules correctly
• Did not give sufficient reasons for refusing entry clearance. If this occurs, the administrative reviewer will recommend the ECO serve a new refusal notice including an explanation in full.
Administrative Review also covers refusal cases where an applicant claims they were unaware of the use of false documents or a false representation was made. The refusal will still stand but the applicant must prove they had no knowledge of the use of false documents or false representation, if they do not want future applications to be automatically refused for 10 years. Our Administrative Review Immigration Lawyers have vast experience in such cases and will assist clients in gathering the necessary documents needed to prove their case.
Possible Outcomes of Administrative Review
An Application for an Administrative Review has three possible outcomes:
• 1. Decision is upheld based on the same reasons
• 2. Decision is upheld with new reasons for refusal
• 3. Decision is overturned and entry clearance is issued
At Regent, our aim is to make the third outcome the ONLY outcome. Our Immigration Lawyers are guaranteed to try their utmost to make this happen.