We represent clients at the First Tier Tribunal and Upper Tribunal and have substantial experience with challenging the Home Office by way of Judicial Review on behalf of applicants on points based system applications.
Appeals and Challenges
If you receive a refusal decision on an immigration application, our solicitors can advise you on your rights of challenge. Immigration appeals are heard in the Immigration and Asylum Chamber by judges and BMS Solicitors can advise at any stage of the appeals process whether you have just received a decision, have already lodged an appeal, are awaiting or have already had a hearing, we can offer you legal advice. We can assist with appeals in the First-Tier Tribunal and the Upper Tribunal.
Immigration appeals are subject to strict time limits and our solicitors can advise you on the time limits relevant to your case.
You might also be able to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
- Refused your protection claim (asylum claim or humanitarian protection)
- Refused your human rights claim
- Made a decision under the European Economic Area (EEA) Regulations, for example the Home Office has decided to deport you or refused to issue you a residence document
- Decided to revoke your protection status
- Decided to take away your British citizenship
Where there is no right of appeal, we can challenge this by asking for Administrative Review and Judicial Review against refusal decisions.
Appeal from within the UK
If you have the legal right to appeal, this will be heard at the Tribunal and you’ll usually be notified if you do have such right in your decision letter.
Your decision letter will tell you if you can apply for an administrative review if you don’t have the right to appeal.
You have 14 days to appeal from the date of your decision. If you apply after the deadline, you must explain why and the Tribunal will decide if it can still hear your appeal.
If you’ve been refused a Tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review.
Appeal from outside the UK
You have 28 days to appeal from when you get your decision. If you have to leave the country before you are allowed to appeal, you have 28 days to appeal once you have left the country.
If you apply out of time, you must explain why and the Tribunal will decide if it can still hear your appeal.