Appeals & Judicial Reviews

(JR) in the UK Immigration System

Navigating the UK immigration appeals process or pursuing a Judicial Review (JR) can be complex. Here’s an overview of the key
types of appeals and the Judicial Review process:

1. Entry Clearance Appeal

Purpose: To challenge the refusal of entry clearance (permission to enter the UK).
Eligibility: Applicable to applicants denied entry clearance by Entry Clearance Officers (ECOs) outside the UK.
Timeline: Appeals must be filed within 28 days of receiving the refusal notice.
Process: Appeals can be made either to the UK overseas mission or the Immigration and Asylum Chamber (IAC) in the UK.

2. Non-Asylum Appeals

Purpose: To challenge in-country visa refusals for leave to remain or extensions.
Eligibility: Most applicants are given the right to appeal unless they overstayed or still had leave remaining at the time of refusal.
- Overstayers or individuals with no right of appeal can instead pursue a Judicial Review (JR).
Timeline: Appeals must be filed within 12 working days (or 10 days for receipt by UKVI).
Process: Appeals are heard by the Immigration and Asylum Chamber (IAC).

3. Asylum Appeals

Purpose: To challenge the refusal of an asylum application.
Eligibility: All asylum applicants refused initially have the right to appeal.
Process: Appeals are heard by an independent First-Tier Tribunal Immigration Judge.
- If unsuccessful, the applicant may escalate the case to the Upper Tribunal, and, in some cases, to the Court of Appeal for legal or factual errors.

4. Judicial Review (JR)

Purpose: To challenge the legality of a decision made by the UK Home Office where no right of appeal exists or appeals are exhausted.
Pre-Action Protocol: A pre-action letter is sent to the UKBA, giving them 14 days to reconsider their decision.
Process: If the Home Office upholds the original decision, the applicant can file for Judicial Review at the High Court.
- Judicial Review focuses on whether the decision-making process was lawful, not the merits of the case itself.

Get in touch

For assistance with any type of UK immigration appeal or Judicial Review, contact Felix Legal Solicitors

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