Appeals Advice and representations at the First-tier Tribunal (Immigration and Asylum Chamber) in relation to appeals against Home Office visa or immigration decisions (excluding asylum).
The work involved in an appeal against a Home Office refusal of an immigration application can vary enormously. However, it will normally include the following:
- Taking a detailed statement from the applicant and any other family members or friends relevant to the appeal.
- Assembling the relevant documentary evidence in support of the appeal.
- Liaising with the court and ensuring compliance with any directions made by the court.
- Arranging representation at the hearing. (Costs can be reduced by the advocacy being undertaken by representatives from BWF Solicitors). If advice and representation is required, it will be charged the same hourly rate as mentioned above. The time taken to prepare an appeal varies considerably depending on the issues of the appeal.
The time required is likely to be in the range of 20-40 hours of preparation time. Rarely can an appeal be thoroughly prepared for in less than 20 hours. This means that on average costs are between £1800 and £2400 depending on whether the work is undertaken by a solicitor or partner. These figures exclude VAT which is charged at 20%. Applicants residing outside of the European Union are not charged for VAT.
For the appeal hearing, it is the usual practice for high-quality barristers to be instructed for representation of applicants. Solicitors from BWF work closely with these barristers and during most appeals, meetings are arranged between solicitors from BWF, the barrister and applicants prior to the hearing. These triad meetings are known as conferences. Favourable options plus an offer of a range of prices will be discussed with the applicants. Costs for the barrister are likely to be in the range of £350-£1000 plus VAT if payable.
- Discussion on the circumstances of the applicant in detail and confirmation of the most appropriate remedy together with the options that may be available to the applicant
- The applicant will be given advice on the requirements of the Immigration Rules, EUSS Regulations or citizenship laws and whether the applicant meets the criteria.
- If an applicant doesn’t fulfil a certain criterion, it will be discussed as to whether this can be overcome and how. All of which on average takes about 1-5 hours;
- The number of hours to be used depends on the number of documents, whether translation will be needed or whether any information is missing and how long it will take to obtain the missing documents;
- Where necessary, applicants will be helped to obtain further evidence (such as medical records and bank statements), including taking statements from any witnesses, which on average takes 1 – 5 hours.
- Preparation of an appeal and submission on behalf of applicants takes an average time of 1 to 2 hours.
- Applicants’ statements and paginated bundles are also prepared.
- Advice is given on the outcome of the appeal and any further steps needed to be taken, this on the average takes between 1-2 hours.