Appeals Call for Professional Guidance
At the point where someone needs to consider an appeal against a visa decision a thorough understanding of the terms under which an appeal may be granted, and the processes whereby it can be initiated, are vital.
A failure to fully appreciate just how rigid the appeals process is can be disastrous. The recent removal of any right of appeal or family visit visas is a case in point. With the legislation concerning what it is (and what is not) possible to appeal against subject to considerable change, the value of up-to-date professional advice in this area cannot be underestimated.
The decision to mount an appeal if a visa application has been rejected will depend, in the first instance, on the basis on which the application was rejected. For example, if the application was rejected on the basis that it lacked sufficient evidence – e.g. bank statements – such an omission does not constitute sufficient grounds for an appeal. Instead, it is far simpler to simply reapply – even if this does incur its own costs. It should be kept in mind that appeals also command a fee as well as the necessary costs of legal advice.
There have been cases where the visa officials have misread or misunderstood details of the application, and in similar cases it may be possible to simply write to the Entry Clearance Manager to ask for a reconsideration without having to pay a fee. However, this is only likely to succeed in the most clear-cut cases. There are also some judgements which, rather than a formal appeal, must be challenged by means of an administrative review. This particularly applies in those cases where a visa has been rejected by the UK Borders Agency on the points-based system.
Appeals against decisions relating to permission to stay in the UK, deportation from the UK and entry clearance to the UK are handled by the First-tier Tribunal (Immigration and Asylum).
YDVISAS has team of specialist lawyers. Should you need any professional assistance when your Visa application is refused, please Contact Us.