Immigration Appeals

If the Home Office refuses to grant a visa following an application, you may be given the right to appeal the decision. The appeal right will be stated on the notice of decision letter. If you made your application outside the country and are appealing for entry clearance, you will have 28 calendar days to lodge your appeal on an IAFT-2 appeal form. A copy of which is usually included with the notice of refusal. If you have made the application in the UK for leave to remain, you will have 10 working days to lodge your appeal on an IAFT-1 form. The appeal forms must include on what grounds you are making your appeal and you should bear in mind that there are only certain grounds that are allowed. You will also choose whether you wish to have a paper hearing i.e. a judge making a decision on the documents before him in the absence of anyone else, or you will choose an oral hearing, which will involve you if you wish to attend, a representative of the Home Office and your legal representative if you instruct one.

The appeal forms are sent directly to the First Tier Tribunal, who will then allocate you a date for a hearing at a tribunal centre that in most cases is closest to you. The Tribunal Service will then write to you to tell you when and where the hearing will be and it is now their policy to request that a bundle of documents on which you wish to rely at your hearing be sent to the Tribunal and to the Home Office within three weeks of receiving that letter. The Home Office may then reconsider their decision in light of the evidence.

If the hearing goes ahead, the case will be heard before an Immigration Judge, who will decide the case, and a Home Office Presenting Officer, who will make the case for the Home Office. You have the opportunity to attend the hearing and you can either represent yourself or have a legal representative representing you. Your appeal may then be allowed i.e. you win or it may be dismissed. Beyond the First-tier Tribunal hearing decision, both parties have the opportunity to apply for permission to be granted to appeal the decision to the Upper Tribunal if there was an arguable error in law within 5 working days. If permission is granted to either party then the hearing will be heard at the Upper Tribunal before a different Immigration Judge.

Westkin can assist by lodging your appeal. We can prepare your bundle of documents and we can provide legal representation for a hearing at the First-tier Tribunal and the Upper Tribunal.

Ayslum Seekers

We take asylum seriously, your life depends on our  hard work and commitment.

Westkin associates are leading experts in the field of asylum and refugee law. We have particular specialism in high profile political matters, claims from leading business persons as well dignitaries and royalty.

Our expertise also extends to linked applications on human rights grounds.

Our team has huge experience providing

• detailed advice and
• practical support and
• fierce representation

to ensure that your application, upon which your safety rests, will be given the strongest possible prospects of victory.

As is well known, asylum is the type of protection given by the UK to an individual who fears mistreatment, also known as persecution, in their country of origin.

The UK allows individuals to claim asylum and those applications are considered by the UK immigration authorities, known as the UK Border Agency.

It is right to note that more so than any other form of immigration application asylum applications are in their nature adversarial, with very few aplications being granted, unless rights are fought for from the outset.

It is only in rare cases that in the UK immigration authorities will allow refugee status for individual without detailed consideration of the claim.

Therefore our approach is to fight fiercely for your rights and to ensure that every piece of evidence can be obtained in support your claim.

We also specialise in appeals against asylum refusals and we can often assist even where the initial application for asylum was handled by different law firm.

How does the asylum process work?

The screening interview

After the initial claim for asylum there will be a mandatory attendance at a screening interview with the home office. This screening interview can last for a few short minutes and be much more detailed in its scope than might be expected.

After the screening interviews over you’ll then be provided with a date by which additional evidence will need to be provided.

Westkin can provide complete preparation assistance for a screening interview and ensure that your claim is ready before you make any contact with the UK immigration authorities.

After the screening interview a substantive assignment interview follows. This is where you’ll be asked entirety of your history and the reason for your claim and this will always be a very detailed lengthy interview.

Often, this interview, alongside the evidence, will form the basis of the Home Office’s decision either to grant or refuse the application.

If the application is refused you will be given a right of appeal.  Westkin specialises in all forms of appeals, including of course, asylum appeals.

If the application is granted you’ll be given what is known as refugee status and the UK immigration authorities will not seek to remove you.

Asylum, of all the areas in immigration law, remains one of the most complex areas to master.

It requires a number of skills:

• knowledge the latest country positions;
• research skills and a network of experts on the country conditions;
• detailed awareness of the latest immigration rules
• detailed awareness of the latest immigration cases
• and detailed awareness of the latest asylum procedures and policies

Above all else it requires our lawyers to continue to fight for your rights above all else.

Please contact our immigration team with any asylum or human rights query no matter how big or small, and we will be glad to be of help.