Gentili Stark
Gentili Stark

Appeals and Judicial Review

Challenging a Home Office decision is a long, complicated process. If you feel your refusal was not fair and your case deserves to be reviewed, we can help. We have 20 years’ experience in the field of immigration in the UK.

Find out below what your options are.

Appeals against Visa or Immigration decisions

Under section 82 of the Nationality, Immigration and Asylum Act of 2002, you may appeal to the First-tier Tribunal (Immigration and Asylum Chamber), where a decision has been made to either:

  • refuse a protection claim (asylum or humanitarian protection)
  • refuse a human rights claim
  • revoke protection status

Protection and Human rights claim refusals trigger an in-country right of appeal unless the Home Office certifies that the claim is clearly unfounded and would not have a realistic prospect of success on Appeal before a Judge.

When this happens, the decision may be challenged via judicial review if you can demonstrate that the Home Office decision was unlawful.

You can also appeal from the UK.

  • In case of a deprivation of citizenship
  • If you make a valid application to the EUSS (European Union Settlement Scheme) on or after 11 pm on 31st January 2020, you will have a right to appeal if the application is refused or if you are granted pre-settled status and believe you qualify for settled status

In-country appeals must be submitted within 14 calendar days from the date of the refusal decision. After this, they are listed for hearing. Protection appeals are usually listed faster than other appeals, and it can take up to a year before an immigration appeal is heard by a Judge.

Out of country appeals are exercised from abroad and must be submitted within 28 calendar days from the date of the refusal decision.
We will prepare you (and other witnesses, as and if appropriate) for the hearing. We will collate the appeal bundle of documentary and background evidence, commission expert reports and instruct counsel as appropriate.

On the day of the hearing, the judge will take time to hear your testimony and - usually - review the case. The judge’s decision will generally be sent to you 2 to 4 weeks after the hearing. Occasionally, the judge will decide on the day.

If your appeal is allowed, the Home Office may appeal to the Upper Tribunal and will only get permission to appeal if they are able to identify a “material error of law.” This is an error so fundamental that but for this error the outcome of the appeal should have been different.

Equally, if the First Tier Tribunal dismisses your appeal, you may also be able to appeal the decision to the Upper Tribunal.

Thorough preparation is key to success.

Judicial Reviews of Home Office Decisions

Some Home Office decisions cannot be appealed. However, you can challenge them through a Court procedure called judicial review. This is a proceeding where a judge needs to assess the lawfulness of a decision, action or omission made by a public body.

You can apply for a judicial review if you think the Home Office decision regarding your immigration, nationality or asylum application was unlawful, irrational, or unfair.

You can only apply for a judicial review if you do not have a right to appeal to the decision or you can’t find another solution to resolve your immigration matter.

A judicial review is a challenge to the way in which a decision has been made. It determines if the Home Office has followed the correct procedure. The court will not be able to change the decision itself. It will ask the Home Office to reconsider the decision if this is found to be unlawful.

The challenge must be brought within 3 months of the date of the decision.

We can help you file your challenge and prepare for the hearing. We have vast experience with both appeals and judicial reviews, so we are confident we can offer you well-grounded guidance.

How we can help

We have extensive experience with appeals and judicial reviews. We have worked in British immigration for 20 years; we can guide you through the requirements and application process to achieve the outcome you seek.

Our Appeals and judicial review fees

Our fees depend on the complexities of your case, your immigration history and urgency. Before we take your instructions, we will agree on the fee with you. Our appeals and judicial reviews fee ranges from £ 1,200 to £ 8,000 plus VAT and disbursements.

We provide tailored solutions for our clients. For details on our services and fees, please see here.

To find out how we can help you today, contact us on 07968 902362 or e-mail contact@gentilistark.com. We will be in touch with you within 24 hours.

What our clients say

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I just wanted to say thank you for your help with the British citizenship.
You were very helpful and communicated well with me and made me feel at ease. You were with me all through the process. Thank you
I would recommend this solicitor for help with becoming a British citizen

Dorothy Quaye
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Stephane is the most considerate person and ensures that cases win. He explains every step of the process throughly and makes sure that I understand decisions I make to the highest extent. He also charges a reasonable price for the high level of work done. Moreover Stephane is a kind individual who makes everything understandable and easy to follow. Knowing that Stephane is handling a case is very reassuring. He is the reason why I can live with my son.

Prashanty
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I cannot recommend Gentili-Stark enough they spent time on my case, they advised me each step of the way while also preparing all the necessary documents.
They always explained all the steps clearly, all the communication was spot-on and without any delay. I recommend getting in touch with them, truly a fast, friendly & very professional team.

Marc
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As a writer of expert medico-legal reports in the immigration and asylum context, I have worked with Stephane Gentili over several years. I have been very impressed both by his commitment to his clients and by the thoroughness of his work. 

Professor Cornelius Katona MD FRCPsych
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Thank you so much for all the work you did on my case, if it wasn’t for you, I wouldn’t be in the position I’m in today. Your dedication makes you the best lawyer I’ve ever come across and I just want to thank you so so much.

Ijeoma and Family

Why with us?

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We are here for you. You can call us outside office hours. We can give you peace of mind.
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We have specialised in UK immigration law for 20 years.
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We will take the time to get to know you to find the right legal solution for you.
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We have happy clients. Our success rate is very high.
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There are no surprises. Our fees are transparent and agreed upon with you before we start working.
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We are professionals. We are authorised by The Solicitors Regulation Authority.

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