Challenging Home Office Decisions
If the Home Office refuses your application, it’s usually upsetting – and sometimes confusing as well. We can review the decision, explain the reasoning behind it, advise you on your options and – if necessary – represent you at an immigration tribunal hearing.

If your application has been refused, the first things to look at are whether you can appeal, and whether you can re-apply. It is usually best to avoid litigation in court if possible, but either way we can help you.

In immigration cases involving human rights, you will have a right of appeal to the immigration tribunal, which is a specialist independent and impartial immigration court. In other cases, you might instead have a right to seek ‘administrative review’, which is a review process that takes place internally within the Home Office. Lastly, some decisions can also be challenged in the UK’s higher courts by a legal process called judicial review. Judicial review is generally a remedy of last resort.

Before proceeding with any challenge, however, you must consider the costs and delays associated with this: often they will outweigh the potential benefits, so a new application will be a more attractive solution than fighting your case in court. Our insight and experience will help you to make the right decision.

If you do decide to appeal (or if reapplying is not an option) our experienced immigration team can guide you through the entire process, from preparing strong appeal grounds to representing you in court. If you decide against both appealing and re-applying, there may be other options.

How we can help

Our experienced immigration team provides a high-quality and comprehensive service for challenging Home Office decisions.

We start by thoroughly reviewing your refusal letter and circumstances, then identifying the best approach. We then help you prepare a new application, or grounds for an appeal, that presents the strongest evidence in support of your case. And if you decide to appeal, we can provide expert representation. The head of our Immigration team, John Vassiliou, is an experienced litigator, who has successfully represented clients in immigration appeals at the First-tier Tribunal and Upper Tribunal, and has acted as instructing solicitor in cases at the Scottish Court of Session, the UK Supreme Court, and the European Court of Human Rights.

Meet our key contacts

John Vassiliou

Director and Head of Immigration

Frequently asked questions

My application was refused: how long do I have to appeal?

For most visa and immigration decisions, you have 14 days to lodge an appeal if you are inside the UK, or 28 days if you applied from outside the UK. However, some decisions have different timeframes, so it is essential to check your letter carefully for the specific deadlines that apply to your case.

How long does an appeal take?

This can vary significantly depending on the complexity of your case and the tribunal’s caseload. Most appeals will take between six and 12 months from submission to final determination, although some straightforward cases may be resolved more quickly. We will provide you with a realistic timeline, based on current tribunal processing times and your specific case.

What happens if my appeal is successful?

If the court declares that your refusal decision was unlawful, the Home Office will revisit the application and issue a fresh decision. In most cases the Home Office will then grant the application and issue you with visa permission. Sometimes the Home Office may challenge the tribunal’s decision by seeking permission to appeal to a higher court, which could extend the process.