Appeals and Reviews
It is essential that every visa application is planned and checked thoroughly by a person with the necessary expertise and experience in the field of immigration, as a seemingly irrelevant or incorrect detail or omission on a visa application can lead to an application being turned down. Visa applicants should therefore take the utmost care to ensure they are making use of reputable immigration firms or consultants, in order to prevent the frustration of a visa application being refused, not to mention the time and expense involved in re-applying or filing an appeal.
However, although getting it right first time round is of course preferable, all is not lost if your initial application is refused. Although there are risks and costs involved, in most cases an appeal or review of the decision is possible, and in many cases a successful result can be obtained.
Once you have been refused leave to enter or remain in the UK you will be given a written notice containing the reasons for your refusal, as well as:
- a statement advising you of your rights to appeal and the Statutory Provision upon which this right is based;
- the time limit for bringing your appeal;
- the address to which the appeal needs to be sent;
- a fax number for service by fax;
- whether there is an exception or limitation to your right of appeal;
- and whether further information is required under s. 120.
NHIS will be able to advise you on whether or not any of the above affects you. You will also need to decide whether you wish your appeal to be decided at an oral or written hearing. We will advise you as to which of these two forms of hearings will maximise your prospects of succeeding with your appeal.
Once you have decided to proceed with an appeal and have chosen either a written or oral hearing we will assist you in completing your appeal form, including drafting your reasons for appeal. We will then send your appeal, including any supporting documents, either to the Asylum and Immigration Tribunal (AIT) or sometimes if you are outside the UK, to the British High Commission or Embassy in the country where you submitted your application.
If you choose an oral hearing we can represent you at the AIT.
