Entry Clearance Appeals
If you are given a right of appeal when your Entry Clearance application has been refused, then you can appeal against the decision of the Entry Clearance officer. The Notice of appeal which details your grounds for appealing must be submitted to the First Tier Tribunal (Immigration & Asylum Chamber) or the British High Commission within 28 days.
The appeal will be heard in the UK by an Immigration Judge at the First Tier Tribunal (Immigration & Asylum Chamber). DBS Law will be able to assist with drafting the grounds of appeal, preparing the matter for the hearing and representing at the Tribunal.
Appealing decisions made in the UK
If the Home Office have refused an application for leave to remain in the UK and you have been given a right of appeal, then you can challenge this decision. You need to contact DBS Law urgently to ensure that the grounds of appeal are submitted before the deadline to appeal expires. The notice of appeal must be submitted to the First Tier Tribunal (Immigration & Asylum Chamber) within 10 working days (5 working days if you are detained).
If you have not been granted a right to appeal then it may be possible to challenge this by way of a judicial review (Please see Judicial Review section)
Asylum Appeals
If the Home Office refuse your Asylum & Human Rights claim then you will have a right of appeal against this decision unless the decision has been certified as manifestly unfounded. The Notice of Appeal must be submitted to the First Tier Tribunal (Immigration & Asylum Chamber) within 10 working days (5 working days of you are detained and 2 working days if the matter is on the fast track).
The appeal will be heard by an Immigration Judge at the First Tier Tribunal (Immigration & Asylum Chamber). After a detailed discussion about your matter, DBS Law will be able to assist you with drafting the grounds of appeal, advising you on the documentary evidence that is needed to support you case, preparing the matter for the hearing and representing at the Tribunal at the Case Management hearing and the Substantial hearing.
Application for permission to appeal to the Upper Tribunal and the Court of Appeal
If you appeal to the First Tier Tribunal (Immigration & Asylum Chamber) is refused then you still have the option of appealing to the Upper Tribunal (Immigration & Asylum Chamber) to challenge that decision. DBS Law will be able to assist you with drafting the grounds in support of the application for permission to appeal.
You can also apply to the Upper Tribunal for permission to appeal to the Court of Appeal. This can be done if you are looking to challenge a decision of the Tribunal. To succeed with the application you will need to show that the previous judge had made an error in applying the law to your matter. DBS Law will be able to advise you about the relevant law and procedures and advise you about the possible Grounds of appeal that can be submitted on your behalf.
Judicial Review
If you require assistance in applying for a judicial review of a decision made by the Home Office or the Tribunal, DBS Law will be able to prepare the application and provide representation for you.
Bail Application
If you or someone you know have been detained by the Immigration Authorities, DBS Law can help you obtain your freedom. There are two ways of applying for bail. Firstly, we can make representations to the Chief Immigration Officer (CIO). If he is not minded to grant temporary admission to the UK, then a full application for bail can submitted to the Tribunal.
If you are granted bail, either by the CIO or the Immigration Judge, then you will usually have to comply with conditions. This usually includes residence conditions and reporting to the Immigration Services.
For further information on how we can assist you, please contact us on +44 (0)800 157 7051 or e-mail us at sejal@dbslaw.co.uk