A High Court and Court of Appeal (both to date free of Hostile Environment contamination) damning indictment of the Immigration Tribunal being ready to, through Hostile Environment, Home Office/UKVI derived directions through abbreviated appeal submission deadlines make ‘… a fair hearing impossible in a significant number of cases.’
When you receive your visa/LTR application/asylum application notification you will be given (except in circumstances where detected and/or suspected criminal and terrorist motivations are indicated for seeking to enter the UK) the opportunity to appeal against the refusal decision, and information and/or a form to make the appeal.
The application decision notification will also provide a date by which you must appeal against the decision if you choose to appeal.
However, in regard to appeal related deadline for submission details, the UKVI/Home Office commonly ensures lack of clarity – this particularly on a) notifying one will appeal, and b) submitting your appeal.
As such, and it could be argued purposely, a genuine applicant may find they are drawn into the following extremely stress-giving sequence (almost certainly considered/developed at the most senior levels in the UKVI):
- Shock of a genuine application that had all necessary detail and evidence, being refused
- Being given a very short deadline (commonly 14 days ‘from date of notification letter’ – with a de-facto loss of two to four days on receiving the notification and posting an appeal
- In such a short space of time it is in most cases almost impossible for someone receiving such a refusal notification, to make an effective appeal on their own, and that in terms of securing a credible, professional legal advisor (at least 1-2 days are required to do so) to help you complete the appeal request and appeal.
Substantial costs are involved, that you may not be able to afford, and certainly would never have planned for if you thought you had a strong probability of your application being successful.