Visa refusals to the United Kingdom – an outline/ introduction

Where an application for a visa to come to the United Kingdom has been refused, legal advice should be sought.

There are three different types of challenge to a visa refusal and this note is to describe each briefly, so that when you do seek legal advice, you are in a better position to understand the different principles that might apply to your specific case.

Different types of visa application engender distinct legal remedies. What type of challenge you can make, will depend on what type of application you have made.

The deadline for each separate type of legal challenge is distinct, and may be set out in the refusal letter.

A glossary may assist:

Appeal

A Judge considers on the information before him whether the facts claimed are true, and how these facts are applied to the law. New information can be brought in subsequent to the decision.

The appeal decides what is right or wrong on the evidence before it at the date of hearing.

Review

The review only considers information that was submitted at the time of application and considers whether that decision was correct based on the information submitted.

It is in essence a re-examination of the original materials.

Applications for a visa outside the family life provisions of the Immigration Rules may benefit from an administrative review. In such a case the Home Office will re examine the application.

Applications for a visa that contain a private or family life element , or fall within the EU Citizen’s rights scheme , would be entitled to an appeal before the Immigration Tribunal. In such cases the applicant may provide additional information setting out how they meet the Immigration Rules which was not provided at the time of the application. An appeal will succeed or fail on whether the decision to refuse a visa breaches the applicant’s human rights under the European Convention of Human Rights.

If an Immigration decision does not have a right of appeal, then an applicant may apply for a Judicial Review. In these cases it is the Upper Tribunal , and not the Home Office that undertakes a re examination of the initial application. There are two significant qualifications:

• An applicant must first seek permission from the Upper Tribunal to apply for a Judicial Review explaining why it is arguable that the Home Office made an error of law.

• When and if supplementary evidence can be supplied depends on a careful evaluation of acquired jurisprudence.

Dominic Magne has worked in the field of Immigration Asylum and Nationality Law since 1992. He qualified as a barrister in 1997 and as a solicitor in 2001.

We believe that good, and thorough advice on your Immigration matters is the key to an appropriate and ultimately successful application to the UKVI. There is a flat rate charge of £320 for a consultation. Following the consultation a detailed advice letter is given, setting out the next steps.

To arrange a consultation, call +44(0)20 8399 3939 or email post@magne.co.uk