If an application for leave to enter or leave to remain is refused, then you may either challenge the refusal decision or make a fresh application with required supporting evidence.
Depending on the type of application a visa refusal decision can either be challenged by way of an immigration appeal, administrative review or judicial review. Most of the out of country applications have the option of administrative or judicial review.
The immigration act 2014 introduced significant changes and on the majority of visa categories right to appeal was abolished. Following applications do not include right to appeal;
- Applications under the point-based system of Tier 1, Tier 2, Tier 4 or Tier 5
- Visitor visa applications
Not all immigration decisions have the right to appeal.
If an application has been refused with a right to appeal, you might be able to appeal to the First Tier Tribunal (immigration and asylum chamber). An application which attracts a right to appeal may include;
- Human rights claim (Parent, Partner or Private life routs)
- Asylum or International Protection claim
- Revocation of existing status including; protection or asylum
- Deprivation or nullity of British Citizenship
There will be no right to appeal where paragraph 353 (further submission) of the immigration rules applies and further submissions do not amount to a fresh claim or the claim is certified.
How an appeal can be brought to the Tribunal?
Use form IAFT-5 if you have the legal right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber)
What is the deadline to submit an immigration appeal?
14 calendar days after you are sent the notice of the decision by the Home Office if an application is refused in the UK and 28 days if in country Human Rights claim is certified and only remedy available is out of the country right of appeal.
28 calendar days if an application is refused outside the UK with a right to appeal.
Who will make a decision on my immigration appeal?
In the Tribunal which is independent of the Home Office, an independent Judge will listen to both sides before making a decision. You can either represent yourself or instruct a representative who can act on your behalf in the tribunal. An appeal can also be dealt with on paper.
How much is the court fee?
The court fee as of today is £140 for each applicant
