Challenging Home Office decisions
In the unlikely situation that a client’s applications is refused, we deploy a variety of tactics to get the decision overturned, including:
- calling for reconsideration;
- requesting administrative review;
- lodging appeals to the Immigration First-Tier and Upper Tribunals; and
- filing for judicial review.
First-Tier Tribunal appeals
Certain types of refused applications can be appealed using the First-Tier Tribunal, for example human rights claims and decisions to refuse documentation under the European Economic Area (EEA) Regulations.
For the key stages of the First-Tier Tribunal appeal process, please see below:
| Stage | Activity | Timeframe |
| Stage 1 | Obtaining instructions, providing strategic advice and preparing appeal form (including grounds of appeal). | Appeals submission deadlines depend on whether the application was made inside or outside the UK. In-country appeals typically must be lodged within 14 days, while out-of-country appeals generally must be lodged no later than 28 days. |
| Stage 2 | Tribunal processing and listing of appeal. | First-Tier Tribunal appeals are currently listed approximately 52 weeks from lodging the appeal, meaning that it can take a year before the appeal is heard. |
| Stage 3 | Appeal hearing. | An appeal can be decided on the day of the hearing or, alternatively, judgement may be issued a few weeks after. |
| Stage 4 | Post-decision advice. | Once an appeal has been decided we promptly provide post-decision advice, explaining the next steps. |
Our legal fees
Fixed fees
Depending on individual circumstances, we may be able to offer assistance with separate stages of the appeal process. For example, our fees for Stage 1 typically start from £4,500+ plus VAT and disbursements.
We work on a fixed fee basis. Our fees for managing the entire First-Tier Tribunal appeal process typically range between £8,500 – £18,000+ plus VAT and disbursements depending upon the issues, urgencies and complexities involved.
Disbursements
You can expect the main disbursements to include:
- First-Tier Tribunal fees;
- counsel’s fees; and
- other ancillary disbursements such as translations, courier and postage charges, etc.
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