Appeals & Bails

Stabilising Your Future

What is an appeal?

An appeal is a formal legal challenge of a Home Office decision.

If the Home Office refuses your application, you may have the right to appeal the decision. This involves asking an Immigration Tribunal (a type of court) to review the evidence in your case, and make a new decision.

Our expert team will need to review the refusal letter in order to decide whether it is a good idea to appeal or if it is a good idea to put in a fresh application. Please be aware that your past refusal may have a bearing on your future applications and timelines for this process are quite tight, so if you are thinking about taking this route, we would advise you to book a consultation with us as soon as possible.

Reconsiderations request

A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our team can advise you about whether your case is suitable for requesting a reconsideration.

Reconsideration by the Home Office

The government website states under the visa and immigration reconsideration requests section that you “can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision”. This is somewhat misleading, as the Home Office revealed to the Immigration Law Practitioners’ Association that it has established a dedicated team ‘to review new evidence and substantiated grounds that are submitted to us’ for all appeals that are listed, and that it aims to consider and respond to such requests within seven days, although it could take longer. Thus, if you have exercised your right of appeal and are awaiting your hearing, you can make a reconsideration request.

Making a reconsideration request may be particularly appropriate if you are appealing a decision that failed to consider certain evidence you had provided, or if you now have new evidence that is relevant to the matters in dispute. It may also be helpful to do so if your appeal has been extant for a long time and your circumstances have evolved with the passage of time since the Home Office made its original decision in your case. Where possible, you should provide the new evidence at least six weeks before the hearing date.

Bail to secretary state

Bail is the temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money is lodged to guarantee their appearance in court. This article can be helpful for those who intend to apply for the Secretary of State Bail. The power to grant bail is available to the Secretary of State for the Home Department by virtue of paragraph 1 of Schedule 10 of the Immigration Act 2016.

Eligibility criteria

To apply for the Secretary of State Bail, an applicant must:

  • be held in an immigration removal centre, a detention centre or prison
  • be detained on immigration matters, listed in paragraph 16(1), (1A) or (2) of Schedule 2 of the Immigration Act 1971, paragraph 2(1), (2) or (3) of Schedule 3 of the Immigration Act 1971, section 62 of the Nationality, Immigration and Asylum Act 2002, section 36(1) of the UK Borders Act 2007

The applicant is more likely to succeed if they have at least one ‘surety’. This can be a person who will pay money if the applicant breaks the terms of bail, ensures that the applicant stays in touch with authorities and can attend the applicant’s hearing.

The relevant factors in granting immigration bail

The Secretary of State will consider whether:

  • There is a realistic prospect of removal within a reasonable period will be considered
  • The person will fail to comply with immigration bail conditions
  • The person will commit an offence while on immigration bail
  • The person poses danger to public security in the UK

Conditions of Bail

Successful applicants will be released until trial. They will need to live at the address they provided in the application and report regularly to an immigration official. Otherwise, the applicant may be returned to a detention centre or the applicant’s sureties will need to pay the money.

The individual is more likely to be refused if they have broken the terms of bail before or have a criminal record, and the judge thinks they might re-offend. If the applicant is refused, they will get a written statement telling them the reason for the refusal. There is no limit on the number of applications for immigration bail a person can make to the Secretary of State, or when an application can be made.

What is Administrative Review?

Administrative review is a process whereby an applicant can challenge a Home Office immigration decision on the ground that it is wrong because it contains one or more case working errors. Not all Home Office decisions can be challenged by way of administrative review. Administrative review is only available when an eligible decision has been made.

The only ground for administrative review is that the Home Office has made a case working error, as defined in the Immigration Rules. Following an application for administrative review, the Home Office will review its decision and, if it agrees that a relevant case working error has been made, correct it.  

What is the difference between an administrative review and an immigration appeal?

Administrative reviews and immigration appeals are both mechanisms for challenging visa and immigration decisions of the Home Office.

However, not all visa and immigration decisions carry a right of appeal – and not all visa and immigration decisions can be challenged by way of administrative review. You can only appeal to the First-tier Tribunal if the decision you are seeking to challenge is not eligible for administrative review and you can only apply for administrative review if the decision you wish to challenge does not carry a right of appeal.

We can help assist with your administrative review and appeal at Quick Immigration Solutions, so please contact us without delay if you are in need of these services.

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