If you have made an in-country application and your application has been refused, you may be granted out of right of appeal whereby you will be required to appeal against the immigration decision within 28 days after leaving the UK. Section 92 sets out where an appeal will take place. It should be read together with sections 94 and 94B which relate to certification when an appeal that would otherwise take place in the UK must be lodged after the appellant has left the UK. If there is no irreversible harm in appealing from outside the UK, an application may not be granted in-country right of appeal against refusal of an in-country application.

The Secretary of State for the Home Department (SSHD) has certification powers which have the effect of requiring a person to appeal from outside the UK. The powers can be exercised If the applicant makes a:

  • protection or human rights claim under section 94(1) of the 2002 act and the claim is clearly unfounded
  • protection or human rights claim under section 94(7) and they are to be removed to a third country where there is no reason to believe that their human rights will be breached
  • protection or human rights claim under Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 act and it is proposed to remove them to a safe country for that claim to be considered
  • human rights claim certified under section 94B of the 2002 act where if they are removed there is no real risk of serious irreversible harm before any appeal is concluded

When an appeal is against the revocation of protection status, the appeal must be lodged while the person is within the UK if the decision to which the appeal relates was made while the person was in the UK. If the decision to which the appeal relates was made while the person was outside the UK, the appeal must be lodged once the person has left the UK.

Why Choose Sunrise Solicitors For An Out Of Country Appeal?

The immigration solicitors at Sunrise Solicitors are experts in dealing with out of country appeals against refusal of in-country applications. The quality of our service is self-evident from our clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your out of country appeal and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your out of country Appeal, the casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the First-tier Tribunal (Immigration and Asylum Chamber) in your out of country appeal;
  • Discussing the reasons for refusal letter in detail with you and advising you about the weaknesses and strengths of your out of country appeal;
  • Advising you about possible grounds of appeal arguing how the decision of the Home Office, UKVI is not in accordance with the relevant immigration laws;
  • Advising you about the documentary evidence to be submitted in support of your out of country appeal;
  • Assessing the relevant documentary evidence to be submitted in support of your out of country appeal and discussing the same with you;
  • Completing the relevant appeal form and discussing the same with you;
  • Preparing the grounds of appeal to rebut reasons for refusal of your in-country application;
  • Preparing a cover letter to introduce and support the out of country appeal to the First Tier Tribunal;
  • Submitting the notice of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) along with all the supporting documentary evidence within 28 days of the appellant leaving the UK;
  • Liaising with the Asylum and Immigration Tribunal for a timely decision on your out of country appeal;
  • Perusing the Respondent's bundle (Home Office bundle of documents) and discussing the same with you;
  • Preparing a detailed witness statements of the witnesses who will appear in court to give oral evidence in support of the appeal;
  • Preparing the indexed and paginated appeal bundles of documents to be submitted in support of the out of country appeal;
  • Instructing a Barrister who will represent you in your appeal before the Immigration Judge at the First Tier Tribunal;
  • Arranging a pre-hearing conference with the Barrister who will discuss your appeal case with you and advise you about the court procedure in relation to your out of country appeal;
  • Doing all the follow up work until decision is reached on your out of country appeal.

Our Fee For An Out Of Country Appeal

  • We will charge you a fee from £1,500 (VAT not applicable) which will cover all our work until a decision is made by the Immigration Judge on your out of country appeal.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your appeal matter, you can pay half of the fee at the time of instructing us and the balance can be paid within a month from the date of initial instructions.
  • It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by  us on your behalf e.g. Barrister's fee for appearing before the Immigration Judge at the date of appeal hearing, court fee, translation of documents, Medical Reports etc.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

Copyright © 2019 Sunrise Solicitors, All rights reserved