The UK government has many reasons for declining immigration appeals. But that is in no way the end of the process. In most cases, you have the option to appeal the ruling and give yourself another chance to claim a successful immigration status in the UK. This article will shed some light on the appeal process and the events after an appeal is successful.
What Is The Appeal Process?
A single judge or more may hear the immigration appeal process in different places all over the UK. Juries are not required to be present in immigration appeals tribunals. That is because judges have the legal qualification to handle and decide on the cases. Other members of the tribunal who are not lawyers may also hear some appeals.
What Happens At The Hearing?
Immigration appeal hearings occur when an application has been submitted and been turned down. That could be because of any of the following prior reasons:
- A refusal to give a person leave to remain in the UK
- A refusal to allow a person to enter the UK
- Denial to the Asylum and Immigration Tribunal
- A refusal to offer an individual asylum in the UK
- A ruling by the court to deport an individual already living in the UK
Types Of Hearings
Immigration appeals in the UK come in two forms. One is the Case Management Review hearing, and the other is the entire hearing. In the Case Management Review process, the hearings are held alongside country asylum appeals, and there is no room for adjournment. On the other hand, in the entire hearing, a judge has the power to decide for your case even if you are not present. That means that if you don’t have anyone representing you, your best option is to attend the Case Management Review. If you should need the services of an interpreter in the hearing, you should inform the tribunal ahead of time, so they have one arranged for you with the help of legal representatives.
Once your representative presents the evidence to the judge to appeal the original decision, you should receive information about the outcome of your case in writing, usually within two weeks after the judge hears the appeal.
What Happens After The Appeal?
If your immigration appeal is successful, the judge will have the determination sent to the relevant visa section, after which you will be contacted. Such a determination may take up to four weeks to reach. And the relevant visa section may also need a further eight weeks to process the ruling, after which the visa section will then contact you. However, if your appeal fails, you may have further options available especially when you have reason to believe that the judge got the decision or the law wrong in which case you may be able to seek permission to appeal to the Upper Tribunal. There are strict deadlines that must be adhered to and you should seek expert legal advice.
Are Visa Appeals Successful?
Recent stats indicate that out of all the appeals the immigration tribunal receives, over 50% of them are a success.
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