The Appeal a Visa Decision is an appeal against a decision made by UKVI (UK Visas and Immigration) in relation to your visa application. You can only make an appeal if you think the decision made was wrong, or you have new information regarding your case.
You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:
● refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
● refused your human rights claim
● made a decision under the European Economic Area (EEA) Regulations, for example the Home Office
● has decided to deport you or refused to issue you a residence document
● decided to revoke your protection status
● decided to take away your British citizenship
You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submitted before 6 April 2015.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter. You have 14 days from the date of your decision to make an appeal, if you appeal after this date you will need to give an explanation why and the tribunal will decide whether or not it can hear your appeal.
Speak to our assessment team now to confirm your eligibility and options for free on 0800 970 2727.
You can ask
on your appeal form for a decision to be made either:
●
just
on the information in your appeal form and any documents supplied to the
tribunal
●
at
a hearing that you or your representative can attend.
The
tribunal can decide to have a hearing even if you don’t ask for one. You’ll be
told if this is the case and invited to attend.
If the
tribunal doesn’t hold a hearing, a judge will decide your case based on your
appeal form and the documents.
Hearings are
carried out in public. You can ask for it to be held in private or to attend by
video link, but you must have a reason, for example a public hearing would put
you in danger.
You can ask
for a male or female judge if you think there are issues in your appeal that
make it appropriate. The tribunal will decide if it can do this.
You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.
Tier 1, 2 or 5 migrants and family members
You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.
You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or
remain in the UK.
Tier 4 migrants and family members
You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.
You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.
You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date.
You can only do this if the Home Office’s decision didn’t include refusing an asylum or human rights claim.
You can appeal if your application for leave to enter was refused.
Vary your leave to enter or remain
You can appeal if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.
You can appeal if your application for entry clearance was refused.
You can appeal if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused
We will write to you with details of where to go for your hearing.
If you can’t attend yourself you can ask someone to represent you and ask witnesses to attend.
You may have to give evidence at the hearing and answer questions.
You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.
The hearing will be attended by:
● a judge or judges, sometimes with other tribunal members
● your representative
● any witnesses called to give evidence
● an interpreter, if you’ve asked for one
It can also be attended by:
● a Home Office ‘presenting officer’
● your sponsor, if you have one
If your appeal can’t be resolved at the hearing
If your appeal isn’t held on its scheduled day for any reason (for example there isn’t a judge available) it’ll be rescheduled for another day.
Your hearing may also be adjourned as ‘part heard’ if there isn’t enough time to finish it, or it can’t be resolved on the day. The tribunal will arrange another hearing with the same people present.
You’ll be given a decision in person or by post.
The tribunal will either decide to:
● allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
● dismiss your appeal and uphold the Home Office’s original decision
You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.
Both you and the Home Office can appeal the decision of the tribunal.
The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.
The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.
The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.
You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.
For example, you think the tribunal:
● got the law wrong
● didn’t apply the correct law
● didn’t follow the correct procedures, which affected the decision
● had no evidence to support its decision
