Making an appeal follows after your visa has been rejected. The Embassy expects you to explain why you think they were wrong to refuse your application. It is in your concern to complete the form as carefully as possible your current contact address. While appealing using form IAFT-2, you or your representative must sign the form or it will be returned back to you. If you possess documents supporting your basis for appeal, you should mail these with the appeal form. It is crucial that these documents are be in English or accompanied by a certified translation. Always use a standard A4-sized paper only for your supporting documents and avoid stapling them instead use paperclips. You should submit form no later than 28 calendar days after the date when you receive your notice of decision.
If you want to appeal and if you have the right to appeal, you must:
- Complete form IAFT-2 and mail it with your notice of decision to
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Phone: 0044 0300 123 1711
Fax: 044 0 116 249 4192, 044 0 116 249 4214
- Fill and submit an online appeal form on the Ministry of Justice website.
Your appeal will be accepted when the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) receives your payment. The FTTIAC will then inform the visa office that refused your application, by sending them a notice of receipt. An entry clearance manager (ECM) at the visa office will review the Embassy’s decision to refuse your application, in light of your form and all supporting documents that you have sent. When the ECM is satisfied that your application meets the Immigration Rules, they may overturn the Embassy’s original decision and issue you with a visa or entry clearance.
If the ECM does not overturn the decision, an entry clearance officer (ECO) will send a statement detailing why the ECM has withheld the decision to refuse your application. The Embassy will send this and all your documents which are known as ‘the appeal bundle' to the FTTIAC. The Embassy will arrange and send your appeal bundle within 20 working days for non-settlement and family visitor cases. The FTTIAC will:
- List your appeal for hearing
- Send copies of all the relevant papers inclusive of the ECO's written statement and supporting documents to the Embassy and to your representative or sponsor; and
- Intimate you of the date and time of your hearing. Note that the Embassy has no control over when your appeal will be heard.
An immigration judge will hear your appeal in the UK and in view of your appeal, the judge will look at all the evidence provided by your representative and by the ECO and then will determine your appeal on the details of your case in line with the Immigration Rules. The judge will inform FTTIAC of his or her decision in 10 days after the hearing. FTTIAC will then send that decision which is called as a 'determination' to everyone involved.
If Appeal is Successful
If the judge allows your appeal, the determination will be sent to the relevant visa section, which will in turn contact you immediately. Determinations may take up to 4 weeks to reach the relevant visa section and an additional 8 weeks for them to be processed. The visa section will intimate you using the contact details provided on your appeal form. Avoid contacting the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be mentioned on your written determination. Do not contact FTTIAC or the immigration enquiry bureau about your appeal after you have received your allowed determination as they will not be able to issue your visa or deal with your enquiry.
Upon success of your appeal the Tribunal will make a fee award against the UK Border Agency up to the amount of the application fee that you paid; either £80.00 for a determination on the papers or £140.00 for an oral hearing. Fee award payments are credited to the bank account or credit/debit card that the payment was made from. If your account is no longer in use the Embassy will contact you for alternative bank account information as soon as possible to avoid a delay in payment.
The Embassy will process your payment as soon as possible, if you did not receive your fee award after 60 days email to firstname.lastname@example.org quoting your Home Office and appeal reference number and the date the fee award was made in the email subject avoiding any financial details.
Upon a visa refusal, you can re-apply any time and if your circumstances have not considerably changed since your last refusal, or if you cannot address the reasons for your refusal, the Embassy may refuse your application again.
All the Best.
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