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Lexmark Legal
Immigration Appeals and Reviews
Receiving a refusal of an immigration application is a deeply stressful experience. Refusals most commonly arise where UK Visas and Immigration (UKVI) consider that insufficient evidence or explanation has been provided. Depending on the category of application, it may be possible to pursue an appeal, an administrative review, or, in limited circumstances, a judicial review.
At Lexmark Legal, we advise clients on the most effective way to challenge refusal decisions. There is no single solution: in some instances, making a fresh application is the best course of action, while in others, it may be necessary to pursue litigation before the Tribunal or the Administrative Court.
Appeals
Under current legislation, not all immigration refusals carry a right of appeal. The statutory right of appeal is now largely confined to:
- Asylum and humanitarian protection claims;
- Human rights claims (e.g. Article 8 family life cases);
- Certain EU Settlement Scheme decisions.
These appeals are heard in the First-tier Tribunal (Immigration and Asylum Chamber). Appeals may be determined either:
- On the papers (without a hearing), or
- At an oral hearing (with the appellant, legal representatives, and witnesses present).
If the Tribunal allows the appeal, the refusal is overturned. If it dismisses the appeal, it may be possible to apply to the Upper Tribunal for permission to appeal on the ground that the First-tier Tribunal made a material error of law. Further challenges may be pursued in the Court of Appeal or beyond.
Administrative Review
For categories where there is no right of appeal—including most work and study routes under the Points-Based System—the remedy is usually an administrative review. This is a paper-based reconsideration by the Home Office of its own decision.
The government fee for an administrative review is £80. Although intended to correct caseworking errors, the quality of administrative reviews is variable, and applicants often benefit from legal submissions to highlight the errors in law or fact.
Judicial Review
Where neither an appeal nor an administrative review is available, the remaining remedy may be judicial review. Judicial review is not an appeal on the merits of a decision but a means of challenging the lawfulness of UKVI’s actions in the Administrative Court. In immigration matters, strict time limits apply, and judicial review often serves as the only safeguard against removal.
Fees for Appeals
The government fees for lodging appeals are as follows:
- First-tier Tribunal appeal on the papers: £80
- First-tier Tribunal oral hearing: £140
Separate legal fees will depend on the complexity of the matter and the level of representation required.
Paper Appeals vs Oral Hearings
Although paper appeals are less costly, oral hearings usually present a stronger opportunity for success. At a hearing, the appellant and their representative may address the Judge directly, answer questions, and respond to the Home Office’s evidence in real time.
Timescales
Delays remain a serious issue in the immigration appeals system. In-country appeals typically take 6–12 months to conclude, while out-of-country appeals may take even longer. Administrative reviews are generally faster, often concluded within 8–12 weeks, though timescales vary.
Crucially, where an in-country appeal or administrative review is lodged, the appellant cannot be lawfully removed from the UK while the process is ongoing.
Fresh Applications vs Appeals
It is not always advisable to appeal. In many cases—particularly where no dishonesty is alleged—a fresh application may be more effective, provided that the previous issues are fully addressed. The correct course of action depends upon the facts of the case, the urgency of the matter, and the strength of the evidence available.
At Lexmark Legal, we carefully evaluate each refusal and advise whether to appeal, request an administrative review, commence judicial review proceedings, or prepare a new application.