HUMAN RIGHTS & APPEALS

Human Rights Applications…

 We have a dedicated Human Rights team that advises individuals in the most compelling and compassionate cases. The team is experienced in dealing with complex matters, often delivering innovative solutions with empathy and sensitivity. Our work in this sector includes advising overstayers, those who have entered the UK without permission, separated families, elderly dependants and incapacitated applicants as well as assisting with long residence claims involving individuals from all walks of life. This is particular type of application is not straightforward as plethora of evidence of facts are required. Therefore, each individual case is unique are based on the facts and evidence available.

For our bespoke human rights and private life services and fees, please contact us.

Discretionary Applications

We often assist clients in cases where no workable solution appears to exist under the current Immigration Rules and identify potential areas of law that can be challenged. Our talented team is experienced at obtaining discretionary approval for challenging applications, for example in cases where a migrant might have overstayed or does not technically meet the requirements.

For our discretionary application services and fees, please contact us.

 

Challenging Home Office Decisions

 In the unlikely situation that a client’s applications under Human Rights or EU law is refused, this application include, spouse, child, parents adult dependant relative, compassionate or discretionary we deploy a variety of tactics to get the decision overturned, including:

  • calling for reconsideration;
  • requesting administrative review;
  • lodging appeals to the Immigration First-Tier and Upper Tribunals; and
  • filing for judicial review.

 

First-Tier Tribunal appeals

Certain types of refused applications can be appealed using the First-Tier Tribunal, for example human rights claims and decisions to refuse status under the Brexit Withdrawal Agreement Regulations.

For the key stages of the First-Tier Tribunal appeal process, please see below:

Stage

Activity

Timeframe

Stage 1

Obtaining instructions, providing strategic advice and preparing appeal form  (including grounds of appeal).

Appeals submission deadlines depend on whether the application was made inside or outside the UK. In-country appeals typically must be lodged within 14 days, while out-of-country appeals generally must be lodged no later than 28 days.

Stage 2

Tribunal processing and listing of appeal.

First-Tier Tribunal appeals are currently listed approximately 52 weeks from lodging the appeal, meaning that it can take a year before the appeal is heard.

Stage 3

Appeal hearing.

An appeal can be decided on the day of the hearing, adjourned or, alternatively, judgement may be issued a few weeks after.

Stage 4

Post-decision advice.

Once an appeal has been decided we promptly provide post-decision advice, explaining the next steps.

Our legal fees

 Fixed fees
Depending on individual circumstances, we may be able to offer assistance with separate stages of the appeal process. For example, our fees for Stage 1 typically start from £750.00 and disbursements.

We work on a fixed fee basis. Our fees for managing the entire First-Tier Tribunal appeal process typically range between £1,000 – £2,000 and disbursements depending upon the issues, urgencies and complexities involved.

Cost of Administrative Review in a case where appeal to the Immigration tribunal are not available is usually between £750 -£1500

For costs of other immigration appeal remedies such as Judicial Review, Immigration Appeal to the to the Higher Courts, please contact us.

 

Appeal Work Disbursements – Case by Case
You can expect the main disbursements to include:

  • First-Tier Tribunal fees;
  • counsel’s fees ; ASA drafting, appearance fee and
  • other ancillary disbursements such as translations, expert evidence, courier and postage charges, etc.