April 10, 2018 910
Some types of immigration application attract the right of appeal if they are refused but others do not. Most working and study visa applications only have the right to administrative review in the event of refusal. But family visa applications, European visa applications, asylum/human rights applications and a few other types have the right of appeal to the First-Tier Immigration Tribunal if the application is unsuccessful.
The hearing before the First-Tier Tribunal is presided over by an Immigration Judge. The appeal can be carried out entirely on paper or it can be held live in front of the Judge, and the appellant can have live witnesses to support their case. The Judge is independent of the Home Office and has a duty to make a fair and impartial decision. If the Judge overturns the UKVI’s decision he can direct them to change their decision and grant the application.
If the appeal before the First-Tier Tribunal is unsuccessful the appellant may be able to appeal to the Upper Tribunal against the decision of the First-Tier Tribunal, on the basis that the First-Tier Tribunal Judge made an error in the decision.
If your application has been refused it is sometimes a good idea to appeal against the decision. If, for example, there are allegations of deception then appealing might well be appropriate. But in other cases the best course is to make a fresh application. The decision either to appeal or not requires careful legal advice.
Jan 07, 2019
Tier 5 Government Authorised Exchange Internship Visa It often happens that a student in the UK successfully passes their exams and decides that they would like to find a job, stay in the UK, and make their life here. But these days it is not so easy. The old Tier 1 Post-Study Work visa has […]
Nov 27, 2018
Visa applicants in many categories have to pay the IHS health surcharge, which is currently £200 per year and £150 per year for students. Applicants have to pay this fee in advance, at the same time as they pay the visa application fee. The bad news is that the health surcharge is set to double, […]
Nov 08, 2018
The Home Office sometimes refuses applications for asylum or humanitarian protection. On occasion Home Office decision-making is harsh or unfair, and it is well-known that it is more difficult for asylum-seekers from some countries to succeed than it is for those from others. For this reason, statistics about asylum application success rates are not entirely […]
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