Appeals

An appeal is an opportunity to take your case to the Asylum and Immigration Tribunal (AIT) if you application has been refused.  Your case will be heard by an independent immigration judge.  There is only one AIT in Scotland and it is based in Glasgow.

You are not always able to appeal against immigration decisions that you disagree with. You can only appeal against certain types of decision. Usually, if you receive a refusal it will tell you about your appeal rights.  Seek legal advice as soon as you receive a refusal.

There are many types of decision by the immigration authorities against which there is no right of appeal to the Asylum and Immigration Tribunal.  You have no right of appeal if you are a visitor but are not visiting family members. If you are visiting a family member you have right of appeal.  Points Based System applications for entry clearance have no right of appeal.  Instead, you can ask for an administrative review.  Most ‘in country’ refusals attract right of appeal providing your application was submitted before your current leave to remain expired.  This is not a complete list but it covers the most common types of decision against which there is no right of appeal.

Some decisions which do not have a right of appeal to the Asylum and Immigration Tribunal can be challenged by a legal process called judicial review. This is an application to the Court of Session (High Court in England). It is a difficult type of challenge to mount and legal advice is essential.

For further advice contact our immigration team.