April 10, 2018 1,338
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.
Jun 05, 2019
In some cases, when you apply for an extension visa or for settlement there is a limit on the number of days you are allowed to have spent outside the UK. If you have spent more days outside the UK than is allowed by the limit then your application is likely to be refused. This […]
May 17, 2019
In a case which reached the European Court of Human Rights (ECtHR), the Iranian authorities had attempted to extradite a Georgian man (GS) who was being held in Bulgaria. He had been arrested in Bulgaria on the basis of an Interpol Red Notice. The Iranian authorities wanted him because he had been prosecuted on a […]
May 10, 2019
If you want to apply for a visa as the spouse (wife or husband) or partner of a person who is British or settled or who holds refugee leave, one of the requirements that has to be met is the financial requirement. If you are applying from outside the UK it is in most cases […]
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