Appeals

UK Visa appeals

If your application was refused under a category of Immigration Law, you may be entitled to lodge an Immigration appeal.

Sterling & Law Associates LLP is registered to the highest level (Level 3), which allows us to appeal immigration decisions made by Home Office. We have a successful track record of won appeals in cases where many others have failed.

If the Home Office refuses your application they will send an appeal form and guidance notes to you with their decision. You can submit an appeal to the tribunal using the appeal form or online.

There are certain time limits for submitting an appeal depending on whether you are in the United Kingdom or outside the United Kingdom.

 

WHERE YOU’RE APPEALING FROM

TIME TO APPEAL AFTER YOU GET THE DECISION

IN DETENTION

5 WORKING DAYS

NOT IN DETENTION

10 WORKING DAYS

OUTSIDE THE UK

28 DAYS

 

Our immigration lawyers are also able to assist you with an appeal against an immigration decision made outside the UK or at the UK border.

If your application was refused under the points-based system, this does not attract a full right of appeal. A different procedure, known as an administrative review is in place, we can assist you with this as well.

The grounds of an appeal

At Sterling & Law Associates LLP we can help you to identify potential and relevant grounds for your appeal based on the following:

  • the decision is not in accordance with the immigration rules
  • the decision is unlawful under section 19B of the Race Relations Act (discrimination by public authorities)
  • the decision breaches the person’s human rights, contrary to section 6 of the Human Rights Act 1998
  • the person is an EEA national (or the member of the family of one) and the decision breaches the person’s rights under EU treaties
  • the decision is not in accordance with a law for some other reason
  • removal would breach the person’s rights under the Refugee Convention or the Human Rights Convention

UK Immigration appeals

We offer a full support with the following main types of appeals against:

  • refusal of leave to enter
  • refusal of entry clearance
  • refusal to vary leave to enter or remain (this means a refusal to extend a person’s stay – but only where the refusal means the person no longer has any permission to stay and when the person applied before their previous permission ran out)
  • variation of leave to enter or remain (that is, curtailing a person’s stay so that they no longer have any permission to stay)
  • revocation of indefinite leave
  • administrative removal – for example for overstaying or breach of conditions
  • a decision that an illegal entrant is to be removed
  • removal of certain family members under schedule 2 of the Immigration Act 1971
  • a decision to make a deportation order (for example, because the person has committed a criminal offence)
  • refusal to revoke a deportation order

How we can help?

Our experienced immigration lawyers will assess your immigration situation and will advise you, whether you should appeal a visa refusal or submit a fresh application.

Appeals are stressful, time consuming and expensive and it is obviously better to avoid having to appeal against immigration decision, however if your immigration application was refused we can guide you at every step of the appeal process:

  • Advise you on the likely outcome of the application and whether the decision should be appealed
  • Request the opinion of the experienced Immigration barristers on your case
  • Complete all required forms to lodge your appeal
  • Prepare a case for appeal: give accurate advice, identify potential grounds for appeal,put together relevant and coherent grounds of appeal
  • Translate and prepare the right documents to support your grounds for appeal
  • Provide legal representation at a hearing
  • We will only submit an appeal that has a realistic prospect of success
  • If there is no right of appeal we will offer you alternative options, such as further representations, through an MP or judicial review

 

Bail for Immigration Detainees

One of the fundamental human rights is the freedom from arbitrary arrest and imprisonment that is legally practicable throughout the UK by virtue of the Human Rights Act 1998.

A detainee, his friends and relatives often do not know or understand the immigration legislation that is why prompt access to specialist legal advice is essential. However it is hard enough to find someone to represent detainees and give them instructions, considering all the difficulties of language, non-availability of standard information and inadequate access to means of communication.

How we can help?

At Sterling & Law Associates LLP we understand the importance of prompt assistance for immigration detainees that is why we act quickly to prevent deportation and ensure release on Bail, followed by an application to legalise detainee’s stay in the UK. We help migrants and asylum seekers in removal centres and prisons to secure their release from detention.

If you know someone who has been detained over an Immigration issue do not hesitate to contact us!

 

Judicial review

We can confirm that this particular page is for information purposes only

As an OISC regulated firm, we are unable ourselves to represent any client with regards to lodging a judicial review. However, we are able to undertake Pre-Action Protocol proceedings which has proven successful in order to resolve the matter prior to lodging a judicial review. If not, the matter will have to be passed to either a Barrister or Solicitor of the client’s choice.

If there is no right of appeal but the immigration decision, on the basis of the evidence, has been incorrectly taken, consideration can be given to Judicial Review proceedings. Immigration judicial review is not a review or appeal of the facts but only a review of whether the administrative process of taking the decision was correct. In other words, judicial review is a remedy designed to keep a check on the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

You can use a judicial review when there is a limited right of appeal or all opportunities to appeal have already been used. If other options exist, judicial review may not be the most suitable way of dealing with a problem.

Grounds for Judicial review

For the judicial review to have a successful outcome, claimants must show the court that there has been one or more of the following:

  • Illegality – which is where an individual or body acts outside the powers given to it by law.
  • Procedural Impropriety – which is when an individual or body does not follow correct procedures or fails to observe the ‘rules of natural justice’. The rules of natural justice have two main elements: the ‘rule against bias’ and the ‘right to a fair hearing’.
  • Irrationality – which is when a decision or action is so unreasonable that no sensible person could have reached it.
  • Proportionality – where the effect of the decision was disproportionate.

There is a 3 month deadline for making an application for judicial review from the date the decision was made or action taken, therefore it is advisable that the judicial review form is filed promptly by a Barrister or Solicitor.

How we can help?

At Sterling & Law Associates LLP we have an extensive expertise in helping our clients prior to lodging immigration judicial review proceedings. We will prepare all the necessary Pre-Action Protocol documentation to support your claim and ask for the top barristers’ opinion on your case if the Pre-Action Protocol proceedings is not successful.