If you have submitted an application from outside the country and have been refused, you may be able to appeal the decision if you have reasons to believe there was an error with the decision. Please note that not all entry clearance applications carry with it a right of appeal. Importantly, rarely do Point based systems applications carry with them rights of appeal. You may, however, be able to do an administrative review for refusals of Point based system visa applications though.
Most family and human right based applications carry with them rights of appeal. Please speak to one of our specialist solicitors if you are considering appealing an entry clearance decision that may have gone against you.
Within 28 days of receiving the refusal letter, you can appeal against the decision of the Entry Clearance Officer if the applicant is given the right of appeal against the application refusal for entry clearance. Submission of the Notice of appeal can be sent to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK or to the British Embassy or High Commission or Consulate in the applicant’s country of origin.
There may be the option to challenge the refusal by way of judicial review in the High Court if the individual has not been given the right of appeal against the refusal of their application. An alternative decision will be to submit a fresh application to the British Embassy or High Commission or a Consulate.
It is important to note that there may be times where the best option and/or route going forward is to make a fresh decision. In other words, appealing a decision against you may not always be the best option, there may be times where a fresh application is the best course of action. Please contact us for a free immigration advice over the phone if you are unsure.
Reiss Edwards is a leading immigration solicitors firm based in central London. We advise on all matters of UK immigration including appeals, judicial reviews, and administrative review. Call us today on 020 3744 2797 or send us an email on firstname.lastname@example.org