If your application is refused, your options may be to either appeal that decision or make another application with further supporting evidence.
The Immigration Act 2014 has had a significant impact on the right of appeal if your application has been refused. Your appeal rights may therefore be limited and it is advised that applicants seek specialist UK immigration advice from a qualified UK immigration solicitor.
Depending on the type of application that you have submitted, you will normally have one of the following options to challenge this decision:
You can request that the decision be reconsidered known as an ‘administrative review’.
There is normally a deadline of 14 days to submit a review from the date you received the refusal. There is a fee to be paid and it important that you explain with full reasons why you believe the decision is wrong
You are also not usually permitted to submit any new information, with an administrative review which was not submitted with your original application.
The decision to refuse your application may provide you with a right of appeal to the First Tier Tribunal. You will initially need to submit your notice of appeal with full grounds and specified fee.
After submission of your appeal you will be notified by the Tribunal of your hearing date. It is vital that your matter is properly prepared, with witness statements and relevant supporting documents that you wish to rely upon in Court. You may be expected to provide oral evidence in court and will be cross examined on the day by a representative of the Home Office.
If your application before the First Tier Tribunal is refused it may be possible to appeal against this decision to the Upper Tribunal but only on the basis that there has been an error of law.
The rules in relation to appeals can be complex and it vital to ensure that you obtain professional advice urgently if you receive a refusal in order to protect your appeal rights.
Out of Country Right of Appeal/No Rights to Appeal
If your application is refused without a right of appeal or one that can only one exercised once you have left the UK, it may be possible to challenge this by way of judicial review.
Duncan Lewis has its own team of in-house advocates who specialise in representation at Immigration Tribunal Hearings. The department assists and advises on every decision to refuse an application that is made by the Home Office or decisions to refuse entry made by British overseas missions.
Our qualified lawyers assist with all appeal matters, from entry clearance refusals, extension refusals and administrative review
If your UK visa application is refused with no right to appeal, we can assist by way of Judicial Review. At Duncan Lewis Solicitors, we are experts at challenging the Home Office through Judicial Review. Our team of UK immigration solicitors are highly experienced with making Judicial Review claims against the UK Home Office.
For a free initial consultation over the telephone with one of our expert UK immigration lawyers, call us today on +44(0)203 114 1198 or e-mail us at email@example.com.