UK Visa refused – Appeal rights granted?
If an application for a UK visa is refused it may be possible to lodge an appeal against that ruling. Not all circumstances are open to appeal. It may be possible to appeal a decision in the following circumstances:
- Refusal of a protection claim – also known as ‘asylum claim’
- Refusal of a human rights claim
- A decision is made under the European Economic Area Regulations
- The Home Office has decided to revoke your status
- The Home Office has decided to take away your British Citizenship
Detailed Home Office guidelines on what types of visa applications the appeals process applies to and what grounds you can make an appeal are available here.
If no right of appeal exists, it may be possible to challenge the decision under an administrative review.
Detail is vital
As with any initial application, the accuracy of a candidate’s testimony and record-keeping are of paramount importance. Any appeal or administrative review will involve a highly detailed analysis of all aspects of his or her application. Unless their records are entirely in compliance with Home Office requirements the appeal/review will be rejected.
Given this rigour, it is advisable to enlist the aid of a qualified and experienced professional to guide you through the process. Professional help is also advisable at the point of your appeal hearing or pre-hearing, if such a preliminary hearing is deemed necessary.
Appeals are conducted in person, in front of a judge (or judges) along with other tribunal members. The date for the hearing is set by the authorities and you will be required to attend on that date. A Home Office representative, referred to as a ‘Presenting Officer’ will also be present, and – if applicable – your sponsor will also be required to attend. If desired, a translator may also be involved.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.