If your UK visa or immigration application is denied, Highwood Solicitors can help you decide if your appeal to the Primary Level Tribunal (Immigration and Asylum Chamber) is a good idea. Our team of dedicated immigration appeal lawyers can handle your case and make sure you have a good lawyer at your hearing.
On this page, you’ll find information about who can appeal to the Primary Level Tribunal (Immigration and Asylum Chamber), what human rights or protection claims can be appealed, how long you have to file an appeal, what reasons you can use to appeal an immigration decision, and how the appeals process works.
We also have information on Judicial Assessments, Administrative Reviews, and Appeals to the Upper Level Tribunal.
Understanding the Primary Level Tribunal (Immigration and Asylum Chamber)
The Primary Level Tribunal (Immigration and Asylum Chamber), which is also called the Primary Immigration Tribunal, is the first court of review for decisions made by the Home Office about entry clearances, stays, and deportations. Since this Tribunal is separate from the Home Office, it has the power to overturn decisions made by the Home Office.
To discuss your appeal, contact Highwood Solicitors’ expert immigration appeal solicitors at +44 (0) 1206523714 or fill our enquiry form.
Appeal Rights to the Primary Level Tribunal Regarding UK Visa or Immigration Decision
The Home Office doesn’t let people appeal all of their choices about immigration. Most of the time, you can take your case to the Primary Level Tribunal (Immigration and Asylum Chamber) if the Home Office:
- Refuse or rescind your human rights or protection status.
- Refuse residence documents or deport under the Immigration (European Economic Area) Regulations 2016 (with certain provisions applied).
- Rescind British citizenship.
- Deny or revoke various statuses or permissions under different schemes.
If the Home Office says that your claim for refuge or human rights is “obviously false,” you might not be able to make an appeal. You can, however, use a Judicial Assessment to question this. If you’re not sure about your right to appeal, you can talk to our visa appeal lawyers in London.
Defining an Appealable Human Rights Claim
This part talks about when people can appeal to the Primary Level Tribunal (Immigration and Asylum Chamber) based on claims of human rights.
For Applications Made Within the UK:
Some applications made in the UK under the Immigration Guidelines could be seen as human rights applications. This would mean that a person could review a decision to deny their application.
For Applications Made Outside the UK:
Some foreign applications that were turned down can also be appealed under the Immigration Rules. A legal application to enter the UK must include a solid claim.
This part shows when people with protection claims can appeal to the Primary Level Tribunal (Immigration and Asylum Chamber).
Applications for refuge and claims from people who aren’t subject to the Refugee Convention but believe they should receive humanitarian protection because they might be in danger if sent outside of the UK are both examples of protection claims.
Limitations on Appeals to the Primary Level Immigration Tribunal
If the Home Office says that your claim is “obviously false,” you might not be able to appeal to the Primary Level Tribunal (Immigration and Asylum Chamber). You can get better help if you talk to an immigration appeal lawyer who knows how to help people in your situation.
Aside from these, other decisions made by the Home Office could also be challenged before the Primary Immigration Tribunal.
Get in touch with our immigration appeal solicitors in London to find out if you can appeal a decision not to let you in.
Time Frame for Appeals to the Primary Level Immigration Tribunal
When appealing to the Primary Level Tribunal, you must follow certain deadlines (Immigration and Asylum Chamber). Outside the UK, you have 28 calendar days. In the UK, you have 14.
Grounds to Appeal at the Immigration Tribunal
In the immigration law, it says when and why you can file an appeal with the Primary Level Tribunal (Immigration and Asylum Chamber).
How to Challenge a UK Visa or Immigration Decision
Most of the time, at Highwood Solicitors, we start appeals online through MyHMCTS. For some things, we choose to use paper forms. Our careful planning can often speed up the review process and get rid of the need for a long hearing.
Primary Level Tribunal Immigration Appeal Waiting Period
How long it takes to get a date for a hearing at the Primary Level Immigration Tribunal can vary. Most of the time, it could take a few months before your appeal is set.
Immigration Appeal: Key Information
Time for the judge to make a decision: After an immigration appeal hearing, the judge’s decision usually comes 3 to 4 weeks later. Rarely are decisions made right away on the day of the appeal hearing.
Urgent Appeals: People who need an urgent appeal hearing can ask for a date that is faster. You’ll need to give strong or kind reasons that are backed up by proof. A judge will look at the appeal and decide if it should be moved up.
Appeal Fees:
- Paper Appeal: £80
- Oral Hearing: £140
There are some exceptions, such as when a person loses their British citizenship, when they are removed from the EEA, when their protection status is taken away, or when they are detained.
Fee Award: If an appeal is successful, the judge might think about giving back the fee, especially if the evidence and arguments were presented well.
Status During Appeal: If you had valid leave when you applied, but it ran out before the Home Office made a decision, section 3C of the Immigration Act of 1971 says that your leave will be extended automatically until a timely appeal against the refusal is over.
Leaving & Entering the UK during Appeal:
- If you leave the UK during an appeal, the appeal may be dropped, and any extra time you were given under Section 3C will end.
- Those who are trying to appeal a refusal of entry clearance from outside the UK can do so from inside the UK. This could mean getting a visit visa or asking for permission to come in as a tourist.
Fresh Application Possibility: Depending on why you were turned down, you might be able to reapply to the Home Office either with the appeal or instead of it. But there are some restrictions, and you might need help from a professional.
After Appeal Decision:
- If given the chance, the Home Office could try to change the decision. If they don’t, or if their appeal doesn’t work, they should go back to their first choice.
- If you were turned down, you could appeal the decision to the Upper Tribunal, but you would need expert legal advice.
Professional Help: Immigration solicitors can help with all parts of the appeals process, from giving advice to filing an appeal to speaking on your behalf at hearings. They offer custom solutions and knowledge that are very important in immigration appeal cases.