Appeals & Administrative Review

Receiving a refusal from the Home Office can be devastating, particularly when your future in the UK depends on a successful outcome. However, a refusal is often not the end of the road. Depending on your circumstances and the type of decision, you may have the right to challenge it through an administrative review, appeal to the Immigration Tribunal, or judicial review in the High Court. At MCR Solicitors in Manchester, our experienced immigration team has an excellent track record of successfully challenging unfair Home Office decisions and overturning refusals.

Understanding your options and acting quickly is essential. Appeal and review deadlines are strict, and missing them can mean losing your right to challenge the decision entirely. If you have received a refusal notice, contact us immediately for urgent advice on your options.

When Can You Appeal vs Request Administrative Review?

The type of challenge available depends on the nature of the decision and your immigration status. Understanding which route applies to you is crucial.

Administrative Review

Administrative Review is available for most points-based system decisions (Skilled Worker, Student, Global Talent, etc.) and some other visa categories. It involves asking the Home Office to reconsider their decision on the basis that they made a caseworker error.

Administrative Review is appropriate when:

• The decision contains factual errors
• The caseworker misapplied the immigration rules
• Evidence was overlooked or misunderstood
• The wrong rules were applied to your case

Administrative Review does NOT allow you to submit new evidence - it only reviews whether the original decision was correctly made based on the evidence submitted.

Appeal to the Immigration Tribunal

Appeals are available for decisions that engage human rights (particularly Article 8 - right to family and private life) and protection claims (asylum). Appeals allow a judge to consider your case afresh and you CAN submit new evidence.

Appeal rights typically apply to:

• Human rights claims (Article 8 family/private life)
• Asylum and protection claims (Article 3)
• EEA/EU Settlement Scheme decisions (in some cases)
• Decisions to deport or remove
• Decisions refusing to revoke a deportation order

Types of Appeals

First-tier Tribunal (Immigration and Asylum Chamber)

The First-tier Tribunal is the first level of appeal for most immigration decisions. It is an independent court that hears appeals against Home Office decisions. At a First-tier Tribunal hearing:

• You can give oral evidence and be questioned
• You can call witnesses to support your case
• You can submit new evidence not before the Home Office
• A judge will make a fresh decision on your case
• The hearing is usually held in person (or by video link)

Upper Tribunal (Immigration and Asylum Chamber)

If you lose your First-tier Tribunal appeal, you may be able to appeal to the Upper Tribunal on a point of law. This means you must show the First-tier Tribunal judge made a legal error, such as:

• Misunderstanding or misapplying the law
• Failing to give adequate reasons for their decision
• Ignoring relevant evidence
• Taking irrelevant factors into account
• Procedural unfairness

Upper Tribunal appeals require permission, which must be sought within strict time limits.

Judicial Review

Judicial Review is a High Court procedure to challenge unlawful decisions by public bodies, including the Home Office. It is available when no other remedy (appeal or administrative review) is available, and may be used to challenge:

• Unlawful delays in decision-making
• Unlawful detention
• Decisions where no appeal right exists
• Procedural unfairness or breach of natural justice

Time Limits - Strict Deadlines

Time limits for challenging immigration decisions are extremely strict. Missing the deadline usually means losing your right to challenge entirely.

Administrative Review Time Limits

• In-country decisions: 14 calendar days from date of decision
• Overseas decisions: 28 calendar days from date of decision

Appeal Time Limits

• In-country appeals: 14 calendar days from date of decision
• Out-of-country appeals: 28 calendar days from date of decision
• Detained appellants: 7 working days from date of decision

Judicial Review Time Limits

• General deadline: Promptly and in any event within 3 months
• Immigration detention cases: As soon as possible

IMPORTANT: These deadlines are strictly enforced. Contact us immediately if you have received a refusal - even a few days' delay can jeopardise your options.

Our Success Rates

MCR Solicitors has an excellent track record in immigration appeals and challenges. Our success comes from:

Thorough Case Analysis

We carefully review every refusal to identify the strongest grounds for challenge. We analyse the decision letter, the evidence submitted, and the applicable law to build the most effective case.

Experienced Advocates

Our immigration solicitors have years of experience representing clients at First-tier and Upper Tribunal hearings. We know how to present cases effectively and respond to Home Office presenting officers.

Comprehensive Preparation

We prepare detailed witness statements, gather supporting evidence, and ensure clients are fully prepared for their hearings. Thorough preparation is key to successful appeals.

Expert Legal Arguments

We identify the strongest legal arguments and present them persuasively. Our solicitors stay up-to-date with the latest case law and policy changes affecting immigration appeals.

The Appeal Process

Step 1: Receive Your Decision

Carefully read your refusal letter. It will explain the reasons for refusal and your appeal rights (if any).

Step 2: Seek Legal Advice Immediately

Contact MCR Solicitors as soon as possible. We will assess your case and advise on the best course of action.

Step 3: Lodge Your Appeal

We submit your appeal or administrative review within the deadline, setting out the grounds for challenge.

Step 4: Prepare Your Case

We gather additional evidence, prepare witness statements, and build your case for the hearing.

Step 5: Tribunal Hearing

Attend the hearing with your solicitor or representative. Give evidence and respond to questions from the judge and Home Office.

Step 6: Decision

The judge will either give their decision at the hearing or send a written decision within a few weeks.

Costs and Funding

Appeal Fees

• First-tier Tribunal appeal (paper): ¶œ80
• First-tier Tribunal appeal (oral hearing): ¶œ140
• Upper Tribunal permission application: ¶œ80
• Upper Tribunal appeal (oral hearing): ¶œ140

Administrative Review Fees

• Most categories: ¶œ80
• Some categories: No fee

Legal Aid

Legal aid funding may be available for certain types of appeals, including asylum cases and some human rights appeals. We can assess whether you qualify for legal aid.

Our Fees

We offer competitive fixed fees for appeal representation. Contact us for a quote based on your specific circumstances.

Frequently Asked Questions

What should I do if my visa has been refused?

Contact an immigration solicitor immediately. Time limits are strict, and you need expert advice on your options. Do not delay, even if you are unsure what to do.

Can I submit new evidence in an Administrative Review?

No, Administrative Review only considers whether the decision was correctly made based on the original evidence. If you have new evidence, a fresh application may be more appropriate.

What are my chances of winning an appeal?

Success rates vary depending on the type of appeal and the specific circumstances. We will give you an honest assessment of your prospects before you decide whether to proceed.

Can I stay in the UK while my appeal is pending?

If you have an in-country right of appeal, you can usually remain in the UK while the appeal is pending. Your section 3C leave is extended. However, out-of-country appeals must be pursued from outside the UK.

What happens if I win my appeal?

If you win, the Home Office must give effect to the tribunal's decision, usually by granting you leave to remain. The Home Office may seek permission to appeal to the Upper Tribunal if they disagree with the decision.

What happens if I lose my appeal?

If you lose, you may be able to appeal to the Upper Tribunal on a point of law. Otherwise, you may need to leave the UK or submit a fresh application if your circumstances have changed.

How long does an appeal take?

First-tier Tribunal appeals typically take 3-6 months from lodging to hearing, depending on the type of case and tribunal backlog. Asylum appeals are often faster; human rights appeals may take longer.

Contact Our Appeals Team in Manchester

If you have received a visa refusal, contact MCR Solicitors immediately. Our experienced immigration appeals team can assess your case, advise on your options, and fight to overturn unfair decisions.

Call us today: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

Time is critical with immigration appeals. Do not delay - contact us now for urgent advice.