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5th Floor Maddox House, 1 Maddox Street, Mayfair, London, W1S 2PZ

Asylum Appeals

As Immigration Lawyers, we are genuinely proud to have industry leading lawyers who have worked in leading asylum cases, and we are aware of how stressful an asylum appeal can be.

Asylum appeals are the area of work that deals with challenging refusals of asylum claims. To read about asylum cases, click on the link.

If your asylum claim has been rejected, please be aware that there is a second chance to appeal. In fact, official government figures show that most asylum applications are rejected before the appeal.

Our experienced immigration lawyers can help. Please read below and go to the bottom of the page for a 2-part video explaining the appeals process.

How we will start to help?

Our leading immigration lawyers follow the best practices.

This means that they will look over the decision for you and advise you without charge on:

– what your chances of success are;
– what documents you will need to overturn the decision; and
– how much we will charge to run your appeal.

If then you were happy to instruct us to proceed, our immigration lawyers will make sure that everything is done to ensure that your asylum appeal is successful.

The Process

Asylum appeals are heard in the First-tier Tribunal. The Tribunal’s role is to hear and decide appeals against decisions made by the UK Border Agency’s officers in the UK. The first tier Tribunal is a type of court, and there are numerous courts around the UK.

In order to get an appeal, we will assist you in completing a form called an “IAFT-1”—which informs the Immigration court that you have received an asylum decision that you wish to appeal. Our immigration lawyers will advise on the level of details should be given now and how much at the actual hearing. This is a judgement that will be different in each case.

Once the appeal form is sent to the court, they will reply within a few weeks giving you a date for when you will need to attend for your asylum appeal. As immigration lawyers and solicitors are aware, this is where the real work commences!

Our immigration lawyers will get you ready for an appeal, including their assistance within the following key areas:

1.  Fully taking the asylum case over, including informing the court and Home Office that we are representing you as your immigration lawyers.
2.  Full preparation of the witness statements; of crucial importance in an asylum appeal.
3.  Full preparation and advice on all documents needed.
4.  Fully briefing, specialist and experienced advocates who work within our office.
5.  Advocates appearance at court (advocacy and representation).
6.  Advocate’s advice in preparation of the appeal.
7.  Advocate’s skeleton argument.
8.  Our preparation of indexed and paginated bundles; including complying with all court directions.
9.  Getting you and your witnesses (if any) ready for hearing.
10. All other work to win the case.
11. If the appeal is successful; meeting all the administrative deadlines so the visa originally applied for is placed in your passport as soon as possible.
12. If unsuccessful; advising you on next steps, further appeals, merits and costs.

One or more immigration judges may hear an appeal. They are sometimes accompanied by non-legal members of the tribunal.

Appeals are heard in several centres around the UK.

If you make an appeal, one of our immigration lawyers will attend the hearing with you and represent you in that process. The UK Border Agency will also have a legal representative at the hearing.

The judge(s) or panel will then decide whether your asylum appeal is successful, and this decision will be provided to you in writing.

In some circumstances you may even be able to challenge a decision made by the First-tier Tribunal by applying to the Upper Tribunal. You may also apply to the Upper Tribunal to challenge a First-tier Tribunal decision.

Sometimes it may even be possible to challenge a decision made by the Upper Tribunal by applying to the Court of Appeal.

Do you have grounds for appeal?

If you have just received a decision from the UKBA refusing your asylum claim, you may appeal on any one or more grounds.

It is important to note that you have the right to appeal as of right. This means that you will have an asylum appeal in court even if you mention no grounds, as long as you complete the form.

These grounds include:

Race discrimination; or human rights, if the decision is against your rights under the European Convention on Human Rights or it would be against your rights for us to remove you from the United Kingdom because of that decision (You may also appeal this removal if it is against the Home Office’s obligations under the 1951 United Nations Convention Relating to the Status of Refugees); The Home Office decision was not in line with the immigration rules; The Home Office decision was not in line with the law; or if the immigration rules allowed the person who made the decision on your asylum claim to exercise his/her own judgement on the circumstances of your case and his/her judgement should have been exercised differently.

What next?

If you have been refused asylum, then please contact us as soon as possible. We will look over the decision for you and advise you without charge on:

– what your chances of success are;
– what documents you will need to overturn the decision; and
– how much we will charge to run your appeal.

If then you were happy to instruct us to proceed, our immigration lawyers will make sure that everything is done to ensure that your asylum appeal is successful.

Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients locally or around the world.

Please contact us using the details at the top-right of the page.

Appeals Process:

Part 1

Part 2

Westkin Associates

info@westkin.com

17 Hanover Square, Mayfair

London
W1S 1HT
United Kingdom

0207 1184 546

© 2019 Westkin – London Immigration Lawyers

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