April 10, 2018 651
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.
Jul 27, 2018
It is sometimes difficult to get a visa to come to the UK to join your partner, because the rules can be hard to meet. But if you are already in the UK different rules may apply. Some migrants find themselves in a position where they want to apply for leave to remain in the […]
May 18, 2018
If an asylum claim is refused by the Home Office an asylum-seeker becomes a failed asylum-seeker. A failed asylum-seeker should have the right of appeal to the First-Tier Immigration Tribunal and in many cases the right of appeal can be exercised in the UK. An appeal hearing is presided over by an Immigration Judge, who […]
May 11, 2018
Tier 4 General Student Visa This visa is appropriate for a person aged 16 or over who wants to study a degree-level or suitable below degree-level course in the UK. In most cases the course must be full-time. The college or university offering the course must hold a Tier 4 sponsor licence and they must […]
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