4 March 2019

Challenging a UK visa refusal through appeal process

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If an application for leave to enter or leave to remain is refused, then you may either challenge the refusal decision or make a fresh application with required supporting evidence.

Depending on the type of application a visa refusal decision can either be challenged by way of an immigration appeal, administrative review or judicial review. Most of the out of country applications have the option of administrative or judicial review.

The immigration act 2014 introduced significant changes and on the majority of visa categories right to appeal was abolished. Following applications do not include right to appeal;

  • Applications under the point-based system of Tier 1, Tier 2, Tier 4 or Tier 5
  • Visitor visa applications

Not all immigration decisions have the right to appeal.

If an application has been refused with a right to appeal, you might be able to appeal to the First Tier Tribunal (immigration and asylum chamber). An application which attracts a right to appeal may include;

  • Human rights claim (Parent, Partner or Private life routs)
  • Asylum or International Protection claim
  • Revocation of existing status including; protection or asylum
  • Deprivation or nullity of British Citizenship

There will be no right to appeal where paragraph 353 (further submission) of the immigration rules applies and further submissions do not amount to a fresh claim or the claim is certified.

How an appeal can be brought to the Tribunal?

Use form IAFT-5 if you have the legal right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber)

What is the deadline to submit an immigration appeal?

14 calendar days after you are sent the notice of the decision by the Home Office if an application is refused in the UK and 28 days if in country Human Rights claim is certified and only remedy available is out of the country right of appeal.

28 calendar days if an application is refused outside the UK with a right to appeal.

Who will make a decision on my immigration appeal?

In the Tribunal which is independent of the Home Office, an independent Judge will listen to both sides before making a decision. You can either represent yourself or instruct a representative who can act on your behalf in the tribunal. An appeal can also be dealt with on paper.

 How much is the court fee?

The court fee as of today is £140 for each applicant

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Alveena is a dynamic, enthusiastic and results driven professional with expertise in leading diverse sales teams and operational groups. Alveena possesses a strong track record in identifying and researching legal issues for individual and business immigration cases.

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