After submitting the application form, supporting documents and attending the interview, you will have to wait for your visa. Don’t lose heart if your visa is refused it is not the end of the world and you can always reapply. But the Embassy is very sympathetic and understanding and when informing you of the refusal it also suggests you to appeal for the refusal. The appeal is usually heard at a court of law in the UK by a judge.
On Being Refused a Visa
If your visa application has been refused, the Embassy will give or send you a notice of refusal. The notice of refusal will list the reasons for the refusal and will explain your right to appeal. The notice will also advice you on where to send your appeal.
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. The Embassy does not reply to a request for an administrative review unless you have made an application under the points-based system.
You can apply for an administrative review, which is a mechanism for reviewing refusal decisions.
Under the points-based system, you can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:
- The decision was unlawful under Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities)
- The decision was unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with your Convention rights.
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 refusal notice, the Embassy will also send you:
An administrative review request notice; and
An administrative review request notice guidance notes
The administrative review request notice and the administrative review request notice guidance notes can also be downloaded online.
You should complete the administrative review request notice in full and send it to the post which processed your visa application. Please do not send your administrative review to any Immigration Tribunals in the UK as they are not dealt with by HM Courts and Tribunal Service and may cause significant delay in processing your administrative review.
Avoid sending any additional documents such as your passport, travel document or supporting documents. If the Embassy overturns their refusal decision, the Embassy will ask you to send in your passport or travel document.
The administrative review usually will be completed in 28 days and you will be informed of the result in writing. To make certain that the review is independent, the review result will not be sent from the post that made the original decision. You can request only one administrative review per refusal decision and if you make any further review requests for the same refusal decision, they will be rejected and will be returned to you. You can apply for an administrative review, only before you leave for the UK and not while in the UK.
Dependants 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 dependant 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 dependants usually don’t apply under the points-based system except the applicant. Your dependant instead will be entitled to have a limited or full right of appeal.
When your visa application has been refused not under the points-based system, the Embassy will send you a letter informing you of the rejection called 'Notice of Immigration Decision' which will also explain your appeal rights. Certain applicants have no appeal rights for some types of visa and some applicants have full rights of appeal if their application is refused. The most frequent types of visa applicants with full rights of appeal are:
- Partners, children and other dependent relatives of UK citizens or settled people, who are seeking to come to the UK with a view to settlement; and
- Family visitors, who wish to visit qualifying family members in the UK.
If the Embassy feels that you have the right to appeal, the Embassy will send you an IAFT-2 appeal form with your notice of immigration decision and an information document explaining how to complete the appeal form.
In most cases, you should pay a fee of when you make an appeal.
- For an appeal to be determined at an Oral Hearing £140.00
- For an appeal to be determined on the papers provided £80.00
Please note that the tribunal does not accept cash or cheque payments. You can pay your fee using a credit or debit card, either online when submitting your appeal or by writing your credit or debit card details in the space provided on your appeal form. When you send your credit or debit card details on your appeal form you should avoid sending your appeal form to the tribunal more than once, as the tribunal may take more than one payment. If you do not have access to a credit or debit card and cannot arrange for someone else to make a card payment for you, submit your appeal and the tribunal will write to you to explaining the methods to make a payment directly into the tribunal’s bank account.
You are entitled to submit a number of appeals together, for family members or people travelling together and make a payment for the total fees due. If you plan to submit the appeals online then you will be prompted to enter details of each appeal and then make a single payment for the total of the fees due using a credit or debit card. If you want to pay once to cover all your appeals by sending them to the tribunal, you should ensure that the appeals are sent in a single envelope with the all the details of the appeals you wish to pay for clearly marked on the first page of the appeal form. You must mention your credit or debit card details on each form. The tribunal will then debit your account for the combined total of the fees due for all appeals you have provided together, in a single payment.
Exemptions and Remissions
You will have to pay a fee for your appeal to be processed. Conversely, you don’t have to pay a fee for your appeal if:
Your appeal is in opposition to one of the following decision types for which you should check your Notice of Decision carefully to check this:
- Section 2A of the 1971 Act(1) (deprivation of right of abode)
- Section 5(1) of the 1971 Act (a decision to make a deportation order)
- Paragraphs 8, 9,10, 10A or 12(2) of Schedule 2 to the 1971 Act(1) (a Decision that an illegal entrant, any family or seaman and aircrew is or are to be removed from the United Kingdom by way of directions)
- Section 40 of the British Nationality Act 1981(1) (deprivation of citizenship)
- Section 10(1) of the 1999 Act(1) (removal of certain persons unlawfully in the United Kingdom)
- Section 76 of the 2002 Act (revocation of indefinite leave to enter or remain in the United Kingdom)
- Section 47 of the Immigration, Asylum and Nationality Act 2006(1) (removal: persons with statutorily extended leave);
- Regulation 19(3) of the Immigration (European Economic Area)
- Regulations 2006(1) (a decision to remove an EEA national or the family member of such a national); or
- You have an appeal in the Detained Fast Track Process
- You are being provided with Asylum Support Funding by the United Kingdom Border Agency under sections 95 or 98 under the Immigration and Asylum Act 1999
You are in receipt of Legal Aid
You are the person for whose benefit services are provided by a local authority under section 17 of the Children Act 1989(1). Where numbers 2, 3 or 4 apply, you should indicate this on page 2 section C of the appeal form and includes any reference numbers and send evidence to the tribunal with your appeal (or where submitting your appeal online, to the tribunal as soon as possible)
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All the Best.
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