April 10, 2018 2,534
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.
Nov 04, 2020
As we all know, European free movement will finish on 31 December 2020, and after that date EEA nationals will be treated the same as everybody else. The points-based system will carry on but its nomenclature will be changed somewhat. The Tier 2 scheme will be renamed the “Skilled Workers” scheme and the Tier 4 […]
Oct 16, 2020
The Immigration Health Surcharge (IHS) is a charge that has to be paid by many visa applicants in addition to the visa application fee, but those in some categories (eg visitors, refugees, EEA nationals, settlement applicants) do not have to pay it. The money goes towards the National Health Service, and is justified by the […]
Oct 05, 2020
As everybody knows, EU free movement will end on 31 December 2020, after which EEA nationals will be treated the same as everybody else. There will be a new points-based system, which will cover both working routes and study routes. The Home Office has now provided details about the new study route, which opened on […]
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