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Appeal a Refused Visa

Challenge your application refusal with the Immigration Tribunals

Lodge your appeal with the First-Tier Tribunal

Certain types of refusal decision generate a right of appeal to the First-Tier Immigration Tribunal: for example refusals of asylum / human rights applications, family visa applications, long residence applications. Applications from both outside and within the UK may attract the right of appeal, but the appeal is always heard in the UK. So we can help you appeal a refused visa.

The First-Tier Tribunal sits in various places in the UK and is presided over by Immigration Judges. If you appeal against your refusal decision you must lodge an appeal with the First-Tier Tribunal and your case can be heard in front of an Immigration Judge and you can call witnesses to support your case.

Lodging the appeal is the first stage. Once the appeal has been lodged you will receive a Notice of Hearing from the Tribunal which will tell you when and where the appeal is to be heard.

Subsequently you must prepare all the papers for the appeal hearing, including witness statement(s), legal argument, and any other evidence you want to use, and send them to the Tribunal and to the Home Office.

You can be represented by a legal representative at the hearing, who will present your case to the Judge. The Home Office is normally also represented by a legal representative. You will be called the “Appellant” and the Home Office will be called the “Respondent”.

After the hearing the Judge will make a reasoned decision, which will come in detailed written form.

Lodge an appeal with the Upper Immigration Tribunal

A losing party before the First-Tier Immigration Tribunal can appeal to the Upper Immigration Tribunal on the basis of a perceived error in the First-Tier Tribunal Judge’s decision. The error could be a legal error or an error of fact but it must be “material” error – ie it must be an error that realistically might have affected the decision.

So if you are unsuccessful in your hearing before the First-Tier Tribunal you might be able to appeal to the Upper Tribunal and if you are successful the Home Office might be able to appeal to the Upper Tribunal.

However, very importantly, an appeal to the Upper Tribunal is only likely to be admitted if it has some real substance to it and, in practice, only a minority of First-Tier Tribunal decisions are successfully appealed.

An applicant for appeal to the Upper Tribunal must first of all submit an application to the First-Tier Tribunal. If this application is accepted then the appeal goes ahead. If the application is unsuccessful then the applicant can renew the application to the Upper Tribunal itself, so they get “two bites of the cherry”.

A hearing at the Upper Tribunal is different from one at the First-Tier Tribunal. It is all about legal argument and there will not normally be any witnesses. If you have a legal representative they will conduct your case for you. In this situation you will not have to take part but you will be able to observe proceedings from the public area of the courtroom. If the Upper Tribunal accepts that the First-Tier Tribunal Judge’s decision was wrong then it can re-make the decision or it can send the case back to the First-Tier Tribunal for it to be reconsidered on the correct legal basis.

Requirements for an appeal before the First-Tier Immigration Tribunal

You, and any other relevant parties, must provide a written witness statement, which will be used in evidence at the hearing. You will also need to collect and collate together all the documents that you think will help your case.

You and any other witnesses will have to give oral evidence at the appeal hearing. But the proceedings at the Tribunal are relatively informal and are not like those in a court of law. If you are represented by a legal representative he/she will take care of all procedural and matters and will submit the legal argument to support your case.

Requirements for an appeal before the Upper Immigration Tribunal

This is a highly focused legal exercise: a legal argument has to be prepared which will hopefully convince the Upper Tribunal that the First-Tier Tribunal Judge’s decision was in material error.

What we can do for you for a successful Appeal

Once you instruct us we will first of all assess your case and decide whether an appeal is the best way forward – there might be other options.

If we come to agreement to prepare the appeal we will write a “grounds of appeal” when we lodge the appeal, which is a kind of legal argument, and which will set out from our perspective the legal basis of the case. It is possible – but not at all guaranteed – that subsequently the Home Office will withdraw the decision if they think, in the light of the grounds of appeal, that their case looks weak.

If the matter proceeds to an appeal hearing we will prepare the witness statement(s), collate all the papers together and put the papers into an appropriate bundle format and send it to the Tribunal and Home Office.

If you so instruct us we will provide an experienced in-house Tribunal advocate, who is fully familiar with your case, to represent you at the hearing so you have the best chance of success.

After that we will represent you with the Tribunal until we receive the decision. We are with you throughout the process, representing you and helping you to make informed decisions regarding your Immigration matters.

We will continue to make ourselves available during and after the submission of your appeal until a decision is made.

We will work hard to advise you so that you have the best chance of success.

Why not give us a call and discover that we are the best Immigration lawyers in London to handle your appeal case. We work with clients from all over the world, so if you are not in London, do not worry, we can assist you wherever you are in the world. We have helped many clients from all over the world with their UK Immigration matters.

Please contact us on info@gsnimmigration.co.uk or call us for an initial chat and discover we are the right firm for your immigration matter and speak to an experienced Immigration Lawyer/ Adviser to bring your matter to a successful conclusion.

Do You Need Immigration Advice & Want A Successful Outcome?

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Client Feedback

  • Sajid Mukhtear Avatar
    Sajid Mukhtear
    16-04-2020 - Google

    Great people, great service, recommend to all

  • Mahmoud Abikar Avatar
    Mahmoud Abikar
    18-03-2020 - Google

    I've visited GSN for my wife's VISA renewal and to be honest her application was really complicated one, but thanks to Rahila and her team were helpful & lifted the weight from my shoulder. Thank you again.

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    J Lush
    16-04-2020 - Google

    I am so happy I chose Rahilia and Shah to look into my case, from the first conversation to the final result of being granted, I have felt so comfortable throughout the whole process and I will recommend anyone to use them.

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    Wisam Khalid
    16-04-2020 - Google

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    Maria Mape
    16-04-2020 - Google

    Excellent and speedy service from Ms X Liang GSN immigration Ltd it was the best decision ever. I needed a spouse’s visa for my wife, which can be a lengthy process which takes a lot of time and effort. I am so happy that I decided to go with GSN Immigration Ltd, thanks to Ms X Liang’s attention to detail and in-deep scrutiny in checking the documentation provided, the process was very easy and straightforward. The communication was clear and we were helped to understand each stage of process. In the end, a swift decision was made in favour of my wife’s Spouse visa. I will certainly recommend and use their professional services again in the future.

  • Saeed Parviz Avatar
    Saeed Parviz
    27-02-2020 - Google

    Very knowledgeable, professional and great price. we highly recommend GSN immigration. My Wife has her spouse visa within 6 weeks.

    Big thank you to Rahila and Mr shah.

  • Saeed Parviz Avatar
    Saeed Parviz
    16-04-2020 - Google

    Very knowledgeable, professional and great price. we highly recommend GSN immigration. My Wife has her spouse visa within 6 weeks. Big thank you to Rahila and Mr shah.

  • Iain Stewart Avatar
    Iain Stewart
    24-03-2020 - Google

    This outfit is first class - I would even say 'Gold Standard'. They are not cheap but are GREAT value for money because they CARE. Rahila is supported by a very bright and helpful guy 'Shah' who is ALWAYS available. Never do I find 'this is the O2 answering service' or 'your call is important to us'. There is ALWAYS someone of flesh and blood and HUMANITY at the other end of the line.

    Trying to do Visas ONLINE is like trying to get a job ONLINE. A route to madness. Give this team a chance. They'll tell it like it is. And they will get you there!

  • Sophia- Celine Roxas Avatar
    Sophia- Celine Roxas
    07-02-2020 - Google

    Thank you so much to Rahila and Shah for all your hard work. The process in getting a UK residents visa was very well executed. There communication was excellent and they were even flexible enough to take calls at 9pm! I highly recommend GSN and have recommended them to my friends in need of there services. No more long distance or being separated 5000 miles away from my family. Thank you GSN for bringing families together. xx

  • William Johnston Avatar
    William Johnston
    14-02-2020 - Google

    Dear Rahila and Shah, Thank you so much for all your help and support for applying spouse visa (second time). You have been by far the best adviser I’ve ever dealt with , extremely professional , excellent communication, great adviser, friendly, honest and above all human! I would not hesitate to use your services again and would highly recommend you to our family, friends and colleagues, you have all been terrific! You've done a remarkably amazing job for me and my wife and we both thank you from the bottom of our hearts and very much look forward to seeing you soon best wishes William and Anastasia Johnston .

  • A S Avatar
    A S
    05-03-2020 - Google

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  • MohammadF-17 Avatar
    MohammadF-17
    16-04-2020 - Yell

    Excellent solicitors!!! I used GSN Immigration to get spouses visa for my wife and my step son from Philippine and mr:Shah and mrs: Rahila done very good job and got spouse visa for my wife and my step son in short time! they're very professional, they know what they are doing, caring, fair price and very polite solicitors and I'm very happy with them :) i will use them again and I highly recomend them!!! Thanks GSN Immigration

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    prakash p
    16-04-2020 - Google

    GSN team assisted me in applying spouse visa from outside uk.
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  • Elisabeth Francisco Avatar
    Elisabeth Francisco
    28-02-2020 - Google

    Used their services for myself and a relative, they are very efficient and friendly. Got everything done as quickly and effectively as possible. Would Highly recommend.

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