Right to appeal and the changes implemented by the Immigration Act 2014
When you receive your UK Visa Refusal, it will explain whether or not you have the right to appeal your refusal. Visa appeals are most common for people who are related to, married to, or dependent on British citizens.
If you have applied for any of the points-based visas, you won’t have the right to appeal the decision but there is another process called the administrative review to look at these applications. This review looks at the points allocated and checks whether your application was correctly assessed by the original officer. Unlike a visa appeal, you cannot attend the First Tier Tribunal (Administrative review is not available in case you want to provide additional evidence/documents to the home office).
Your Notice of Appeal is lodged. What next?
Once you have filed your appeal forms and supporting documents, the Entry Clearance Manager or Immigration Officer will review its original decision. If the review maintains the original decision, for non-settlement cases, the Entry Clearance Manager (if you are outside of the UK) should take up to 8 weeks (11 weeks if lodged with AIT directly) to prepare the necessary documentation for your appeal. If, however, your case is a settlement case it should take up to 16 weeks (19 weeks if lodged with AIT directly) and if it is for a visit visa, then it should take 12 weeks (15 weeks if lodged directly with AIT) to prepare the necessary documentation.
What happens after the UK visa appeal that has come and gone?
If you have attended an oral hearing, sometimes the Immigration Judge will give his decision at the end of the hearing but usually, decisions are reserved and take 3 to 4 weeks to be received in writing. All appeal decisions are given in writing and are effective from the date of written determination or promulgation. Where there has been no oral hearing the Judges’ determination will also be received in writing.
On Being Refused a Visa – Points Based System – Administrative Review
If your visa application has been refused under the Points-Based System, you don’t have a full right of appeal but you can apply for an Administrative Review. You will get an Administrative Review request notice and guidance notes along with the refusal notice.
You can apply for an Administrative Review, which is a mechanism for reviewing UK visa refusal decisions. If you think/feel that the Embassy has made an error in refusing your visa application under the Points-Based System, you can request them to review their decision which is free of charge. The Administrative Review will look at whether your claimed indications were correctly assessed by the Entry Clearance Officer.
You should demand an Administrative Review no more than 28 days after the date when you receive the refusal notice (GV51) from the Embassy. When you receive the visa refusal notice, the Embassy will also send you:
- An Administrative Review request notice; and
- An Administrative Review request notice guidance notes.
Dependents of Applicants Under The Points-Based System
If the Embassy refuses your partner/child’s/parents’ or any other dependents’ application for a visa as the dependent of a points-based system migrant, they cannot appeal for an Administrative Review, because an Administrative Review is used to assess whether the points have been correctly awarded and dependents usually don’t apply under the Points-Based System except for the applicant. Your dependent instead will be entitled to have a limited or full right of appeal.
Judicial review is a type of court proceeding in which a Judge reviews the lawfulness of a decision or action made by the UK Home Office. Judicial review is the process whereby the Judges of the Administrative Court, and the Upper Tribunal (Immigration and Asylum Chamber) (UT), exercise jurisdiction over the lawfulness of acts or omissions of public bodies and a supervisory jurisdiction over inferior Courts and Tribunals.
Following the changes implemented by the Immigration Act 2014 with respect to the limitations set out for the right to appeal following an immigration decision, the judicial review becomes a way in which a decision can be legally challenged. This does not necessarily mean that all matters must be reviewed through a judicial review process.
Here at The SmartMove2UK, we are firm believers of the age-old saying: Prevention is better than cure. Get your Visa applications accepted on your first try itself with The SmartMove2UK, a niche immigration law firm with offices in Mumbai, Delhi, Bangalore and Chandigarh.
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