UK Visa Refusals
UK visa refusals can be disheartening but things do not have to end there. It is possible for you to successfully challenge the refusal decision.
Your two options may be the right to an administrative review, or the right to an appeal. Your refusal letter will normally contain information regarding the options available to you. If not, you can always reapply.
Contact our Immigration team today for expert advice on your visa refusal.
Appeal the Decision
You may be able to appeal if any of the following apply to you:
- Revocation of British Citizenship
- Refusal under the European Economic Area (EEA) Regulations
- Refusal of an asylum claim
- Refusal of human rights claims
- Revocation of protected status
You can make appeals to the First-Tier (Immigration and Asylum Chamber) Tribunal for applications made before 6 April 2015.
If it is your Visit Visa that has been refused, the only right to appeal to the First-Tier Tribunal you have is on Human Rights grounds. The Home Office guidance sets out limited circumstances where human rights are considered to be engaged.
Urgent Appeal Applications
Where you urgently require an appeal of your decision you must write to the Tribunal first. You must explain to them why your case should be heard urgently. Furthermore, you must also give evidence of compassionate and compelling grounds for this. Acceptable evidence will depend on your circumstances and could include doctor’s notes, for example.
If your appeal is unsuccessful you may be able to apply to the Upper Tribunal to decide whether there has been an error in the application of the law in the first decision.
If you believe a caseworker has made an error, you can apply for an administrative review. You can have this corrected if the courts decide that an error has, in fact, been made.
From outside the UK
You can only apply for an Administrative Review if:
- You have not been given the right of appeal against the decision,
- The Home Office refused your application on or after 6 April 2015
- You have not made an application as a visitor or a short-term student.
Furthermore, you must apply within 28 days of receiving your visa refusal decision.
From inside the UK
You can request an Administrative Review not only if your application was refused, but also if it was granted with unfair conditions on your leave.
Where the Home Office has refused your visa application, you must apply for an Administrative Review within 14 days of receiving your visa refusal letter. However, if you are not eligible for an Administrative Review you may be able to appeal the decision.
Where there has been no error in the decision, the best option is often to just reapply. You must make sure your application is in line with the Immigration rules and that you meet all the requirements.
How NA Law Solicitors can help
Here at NA Law Solicitors we will assess your visa refusal and help you decide on the best option. Our expert team will guide you through each step of the process so that it is simple and stress-free.