Appeals

Immigration Appeal Process Guide

Written by Barrister Shazia Anjum on 15-09-2021

Most people make mistake whilst drafting grounds of appeal and therefore they can not achieve the desired outcomes.

What are the grounds of appeal in the immigration tribunal?

You are parents of British Citizens Child or Spouse of British Citizen person, or Family Members, (Brother, Sister or Adult Child, Carer) of European National Or the Carer of the British Person, and your visa application is refused.

Now you have been given a right to appeal in the First Tier Tribunal within 14 days if you are submitting within the UK, and it is 28 days if you are filing your appeal from outside the UK.

Most reasons of refusal are based upon factual errors or legal errors, by the Entry Clearance Officer / the Home Office.  You will need to highlight the main concerns of the refusal and then assess your evidence whether the evidence is compatible to the reasons or not. If you think that the ECO has made an error, you will need to draft in your grounds with your appeal form and enclose the relevant evidence with your appeal.

What if you find that the Entry Clearance Officer made a mistake in applying the legal provisions to your application? what you need to do is to highlight that paragraph into your grounds and then make some research of the legal provisions which would support your application/Appeal.   Draft into your grounds and compare that with the reasons of refusal and at this stage you will need to make your submission as to why your legal basis are different than the ECO has considered one. This way you will be able to highlight their error and submit your arguments with the legal provision proof.

The third reasons are when the ECO is not satisfied with your circumstances or thinks that you do not have the basis to join your family members.  At this stage the burden of proof is upon you to satisfied or convince them from your statements of facts along with the factual evidence to support you submission.  For Example, you contend that you are the carer of your British Children.

Now the onus to proof is upon you to prove that and list the matters which can prove that how you take care of your children. Such as when British Citizen can not look after themselves and they need you to look after them: including cooking food for themselves, taking medicines when they are sick or unwell and going to school as they are too young to travel by themselves.  In this situation you support them as being carer of the British Children and you could be their parents, their family members who have the legal responsibilities to look after them or m ay be legal guardian of the children.

 

The above is the simplest and short summary of the grounds that you can put in your appeal however if your appeal grounds are different or circumstances are different, or the type of appeal is different, you should seek legal help, advice or services to submit your appeal successfully. If you want to contact Barrister Shazia Anjum to draft grounds for you please contact her here.

 

In urgent matters you can send her direct text message on 00447870959175 (Whats App) with the message “Appeal Grounds Enquiry”.