Immigration Appeal: My UK immigration application has been refused – what can I do?
If your application is refused, your options may be to either appeal the determination or to make another application with further evidence which disapproves the reasons for refusal in the initial application.
Depending on the type of application that you have submitted, you will normally have one of the following remedies to challenge the reasons for refusal of your UK immigration decision:
- If you have been provided with the option of administrative review an application can be made citing the reasons you believe a ‘case-working error’ may exist which has negatively affected your case. Other reasons for an administrative review may also apply.
There is normally a deadline of 14 days to submit an administrative review from the date you received the refusal determination. However, you should check your specific refusal decision.
There are certain rules concerning admitting new evidence or information which was not submitted with your initial application.
Appeals before the Immigration & Asylum Chamber [First Tier & Upper Tribunal]
The determination by the relevant decision maker may provide you with a right of appeal to the first-tier tribunal. You will initially submit within the strict deadline:
- Notice of appeal
- Full grounds of appeal
- Specified Fee
- For more information see an overview here
After your appeal is lodged you will be notified by the Tribunal as to any directions you must follow. This may simply be notified of the relevant hearing date. In certain cases, there are smaller hearings known as case management hearings prior to the substantive hearing taking place.
It is imperative that your matter is prepared properly, with detailed witness statements and relevant supporting documentary evidence to corroborate your case in court/tribunal. 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 the decision to the upper tribunal on the basis there has been an error of law.
The rules in relation to appeal can be convoluted and complex, it is vital to ensure that you seek professional advice to ascertain your next steps.
Out of Country Right Of Appeal | No Right To Appeal
If your application is refused without a right of appeal or one that can only be exercised once you have left the UK. It is important to assess the lawfulness of the decision before considering onward remedies such as judicial review.
Our immigration team specialise in overturning determinations at the First-Tier or Upper-Tier Immigration Tribunals.
Our qualified lawyers assist with all appeal matters ranging from entry clearance refusals, extensions, administrative review and complex immigration cases.
My application has been refused, what can I do?
If your UK visa or immigration application has been refused, we can assist by considering the reasons for refusal, the evidence submitted and your instructions against the relevant legal framework. We will then provide an opinion as to your onward steps in remediating your case in a cost-effective and timely manner.
Please note, the information on this blog is for general purposes only and does not purport to be comprehensive or to amount to legal advice. Whilst we strive to ensure the information and law provided is as accurate as possible at the date of publication, it should be noted that, due to the passage of time, this does not necessarily reflect the current legal position. Branch Austin McCormick LLP accepts no liability for loss which may arise from accessing or relying upon the information within this blog. For formal legal advice please contact our Immigration Department.