When your visa application or application for leave to remain in the UK is refused, you might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter. You might be able to ask the Home Office for an administrative review if you don’t have the right to appeal.
Breytenbachs Immigration Consultants are more than happy to assist you and explain the correct procedure, fees and timeframes, so you do not miss a deadline to protect your rights.
If you want to appeal from outside the UK, you have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country. In cases where you want to appeal from within the UK, you have 14 days to appeal after the date of your decision. If you miss your deadline, our advisers will prepare representations on your behalf to explain why and the tribunal will decide if it can still hear your appeal.
You can ask on your appeal form for a decision to be made either:
1. just on the information in your appeal form and any documents supplied to the tribunal;
2. at a hearing that your representatives can attend.
If your appeal is not successful it may be possible to further appeal to a higher tribunal, but only on points of law.
Timeframes for an administrative review are also 28 days from outside the UK and 14 days (from the date you receive the refusal decision) if you are applying from within the UK. Different rules apply if you are detained. You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. There is no hearing, and the decision is simply being reviewed by a different caseworker at the Home Office when a simple case working error occurred, for example when the decision maker overlooked your bank statements and states that you did not provide any even though you did.
For more information on Visa Appeals and Reviews, please visit www.bic-immigration.com Alternatively, please fill out the form below for more information.