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Immigration Appeals

A visa or leave to remain refusal can completely up-end your life.  Your family plans or immediate career aspirations will be thrown into disarray.  In such a situation, it is vital not to panic. By seeking professional legal advice as soon as possible, you will quickly discover if you have the right to an immigration appeal.  At RVS Solicitors, we will provide honest, practical, helpful advice and help you achieve leave to enter or remain in the UK.

Dr Lusine Navasardyan heads up our immigration law department.  We have a robust reputation in running strong appeals with a high rate of success.  We are merticulous in our preparation and will ensure that you are kept up to date with how your matter is progressing at all times.  We do this through a secure client portol that you will be able to always access.

Everyone in our firm is 100% committed to providing clients with a calm, friendly, intelligent experience.  We will support you and your family through the appeal process and refer you onto to other support agencies if we believe there is a need.

Our experts in Immigration

Frequently Asked Questions (FAQS)

What is the right to appeal an immigration decision?

English law provides a right to appeal a decision made by certain government departments and the Courts.

For Points-Based-System visas, appeals can only be made on human rights grounds.  This is provided for in the Immigration Rules which state than a human rights appeal can be made where:

  • the Appellant’s removal from the country would be contrary to the Refugee Convention
  • the Appellant’s removal would be contrary to the UK’s obligations in relation to humanitarian protection
  • the Appellant’s removal would be contrary to his or her rights under the European Convention on Human Rights
  • the Appellant’s protection status or British Citizenship has been revoked

At the moment, EEA nationals and their family members have a right to appeal a decision by an immigration officer which breaches an EU citizens EU Treaty rights.  A Pre-settled Status and Settled Status refusal also carries a right of appeal.

Can I appeal a leave to remain decision whilst still in the UK?

Following the decision of R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, which ruled the Home Office’s policy to make migrants leave the country before they could appeal a refusal, breached Article 8 of the ECHR, it is possible to appeal whilst you are in the UK.  However, it is vital that you talk to our immigration lawyers if your leave to remain has been refused. We will fight tenaciously to ensure you are able to remain in the country throughout the course of your immigration appeal.

A significant amount of appeals brought to the Immigration Tribunal succeed.  Lusine and her team have the intelligence, experience, and litigation tactics required to prepare a strong appeal case on your behalf.

To find out more about how we can assist you, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment. 

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