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.

UK | +44 (0)20 7469 6460USA | +1 (212) 661 5401enquiries@lauradevine.comSubscribe to our mailing list

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17 May 2024