Appeals and refusals

The options after a refusal

Depending on the notice, the options are usually an appeal to the First-tier Tribunal, administrative review, or a fresh application with corrected evidence. Each carries different deadlines, costs and evidential requirements, and choosing between them is a legal judgment on the facts.

How we review a refusal

A solicitor reads the refusal notice, compares the evidence submitted against the requirements relied on, identifies what was missing or unclear, and advises on the merits of each available route. Cases are decided by the Home Office or the tribunal on their own facts and evidence.

Who this page is for

• Applicants who have received a refusal and need to know what the notice actually means
• People deciding between an appeal, administrative review and a fresh application
• Applicants with an appeal already lodged who need representation for the tribunal stage
• Sponsors and family members supporting someone else's challenge
• Anyone facing a deadline they are not sure they can meet

How the process works

• A solicitor reads the refusal notice in full and identifies the requirements relied on
• The evidence submitted is compared against those requirements to establish what was missing or unclear
• Written advice on the options available, their deadlines, and the merits of each on the facts
• If an appeal is the right course, grounds and evidence are prepared and approved by a solicitor
• If a fresh application is the better course, the evidence is rebuilt before anything is submitted
• We advise throughout on deadlines and on the consequences of missing them

Evidence and preparation

Challenging a refusal is largely an evidence exercise: the refusal notice, the original application and everything submitted with it, correspondence with the Home Office, and any new evidence that addresses the reasons given. Where witness evidence is needed, statements are prepared properly rather than written at the last moment, and expert or translated evidence is arranged early.

Deadlines and risk areas

• Time limits for appeals and administrative review are short and are calculated from the notice, not from when it was read
• Choosing the wrong route can waste the only opportunity available
• Reapplying with the same evidence that was refused
• Leave that expires while a challenge is being decided, with consequences for status and work
• Late evidence that the tribunal may decline to consider

Cases are decided by the Home Office or the tribunal on their own facts and evidence. We advise on the merits and prepare the case; we cannot control the decision.

Fees

We agree fees in writing before substantive work begins, and we confirm what is included in the scope of work. How we charge, and the Home Office fees that are payable in addition to our professional fees, are explained on our fees page.

If you would like the position on your own facts reviewed, make an enquiry and we will confirm the next step in writing. An enquiry is a request for a consultation; it is not advice, and it does not create a solicitor-client relationship.