The importance of good appeal preparation when you receive a Home Office refusal

It is both disappointing and heartbreaking when an immigration application is refused. Lodging an appeal is a second chance at trying to obtain a positive decision but can be a long, drawn-out process which is costly and stressful.

Initially, a bundle of supporting evidence needs to be prepared to send to the Home Office to review, before the appeal proceeds any further. This is an opportunity to gather good supporting documentation in order to try and overcome the Home Office refusal.

The evidence is submitted to both the Tribunal and the Home Office well in advance of the hearing, and a review of the documents is undertaken. In some circumstances it can lead to the Home Office withdrawing their refusal and making a new, positive decision, granting Leave.

In a recent asylum case, a client who had initially represented herself at interview, instructed us at the appeal stage. We prepared a detailed appeal statement to deal with the refusal letter and guided the Appellant in gathering strong supporting evidence. We then prepared a detailed bundle of evidence, which the client had not previously submitted, including medical evidence, documentation from witnesses overseas and supporting letters from organisations within the UK, along with a very detailed and carefully drafted appeal statement. After just one week of consideration, the Home Office withdrew their decision.

This doesn’t happen in every case, but the importance of good preparation is key in the appeal process, and, in some circumstances where an appeal is withdrawn, it can save the huge costs of barristers’ representation at court, and, the stress of attending a Court hearing and giving evidence.

What should I do?

If you or anyone you know receives a refusal and wishes to appeal the decision, contact us today.