We often encounter clients who have had a visa application refused but are unsure how to proceed. The UK government changed the law in April 2015, significantly reducing the number of avenues that one could use to appeal a negative decision. However, there are still a number of ways that one could use to dispute a refusal by the Home Office.
Under certain circumstances, and assuming certain conditions are met, an applicant has the right to challenge the Home Office’s decision on their immigration application if they believe a mistake has been made. There are strict time limits to make such challenges, usually between 14 and 28 days of receiving your application decision.
Right of Appeal
If the applicant has been refused entry to the UK or leave to remain, they may have a right of appeal to the Immigration Tribunal. Appeals are heard by independent judges who decide whether on not to uphold the decision of the Home Office. Appeals can be made against various decisions including the refusal of an asylum claim or humanitarian protection; a decision to deport an EEA national; a refusal to provide a permanent residence document to an EEA national; revocation of an asylum or humanitarian protection and revocation of British citizenship.
If the applicant does not have a right of appeal, they may be entitled to an administrative review. An administrative review is available to applicants who feel that there was an error made in the decision by the Home Office and that they were incorrectly refused. This is an option for applicants who applied for their visa both within and outside the UK. Applicants may also be entitled to an administrative review if their visa was cancelled at the border.
Finally, an applicant may be entitled to have their decision reconsidered by the Home Office. A ‘reconsideration request’ may be made when the application was successful but there was an error made on the visa. This applies to applications to extend leave, switch current visas or settle in the UK as well as applications to transfer a visa vignette to a biometric residence permit.
It is important to note that different rules apply depending on whether applications were made within or outside the UK, and also whether the decision is being challenged from within or outside the UK.
Should you wish to find out more information about appealing a decision or to discuss any immigration issues, please contact us.
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. Gherson accepts 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 Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson