Appeals UK:

This link explains who has the right to appeal if their visa or other entry clearance for the United Kingdom (UK) has been refused and how to make such an appeal.

 

• Who can appeal?

• How do I make and appeal?

• Is there a time limit?

• How much doses it cost?

• Who decides the outcome of Appeal?

• What happen when an appeal is lodged?

• What does the Asylum and Immigration Tribunal do?

• How to contact the Asylum and Immigration Tribunal (AIT)?

 

Who can appeal?

For some types of application, there is a right of appeal when a visa is refused.
These are most common.

• Family visits – if you are visiting close family members in the UK
• Children and dependent relatives – to settle in the UK
• Husband, wife, fiancé or fiancée – to settle in the UK
• Student – to study for more than six months in the UK
• Working holidaymaker – to look for or take work as part of a working holiday in the UK
• Au pair – to live, and work part-time for pocket money, with a family in the UK
• Work permit holder – to work-full time in the UK
• Minister of religion – to work-full time in the UK in a religious capacity

If your visa application refused and you want to spend more than six months in the UK, you may have also right to appeal. The Entry Clearance Officer (ECO) will tell you if have a right to appeal and gives you the appeal forms you need.

How do I make and appeal?

If you have the right of appeal, the ECO will give you three documents.

• The written Notice of Refusal (this tells you why the ECO has refused your visa).
• The notice of Appeal form AIT-2 (you must fill this in to explain why you think the ECO was wrong to refuse you a visa).
• A leaflet explaining how to fill in the Notice of Appeal form.

You can lodge your appeal directly with Asylum and Immigration Tribunal (AIT) in the UK or you can send your appeal form to the overseas visa section where your visa was refused. The visa section will then forward it to the AIT in the UK. You can do both.

You must send a copy of your Notice of Refusal with your Notice of Appeal form.

Is there a time limit?

Yes. You must fill in and return the Notice of Appeal to the AIT or the British Mission overseas where your visa was refused no more than 28 days after you receive the Notice of Refusal. If the Refusal Notice is posted to you, it is assumed that you will have received it 28 days later. The 28-days time limit to send your appeal starts from then. We will only extend the deadline in exceptional circumstances.

How much doses it cost?

There is no charge for appealing against your visa being refused.

Who decides the outcome of Appeal?

Appeals are heard in the UK by an Immigration Judge.

What happen when an appeal is lodged?

When the AIT ahs lodged your appeal, they will send a notice of Receipt to the British Mission overseas where you applied. When the visa section receives the Notice of Receipt, the Entry Clearance Manager (ECM) will review your application again, taking into accounts any further comments and supporting documentation you have included in the Notice of Appeal. If the ECM is satisfied that your application meets the Immigration Rules, the original decision may be overturned and entry clearance issued.

If the ECM does not overturn he decision, an ECO will write a statement to explain in greater detail the reason for refusing your visa. This will be sent with all your papers (the appeal bundle) to the AIT.

When the visa section receives the Notice of Receipt, they will prepare and send the appeal papers to the AIT within 20 working days for non-settlement cases and family visit cases. For settlement cases, they will prepare and send the papers within 60 working days.

What does the Asylum and Immigration Tribunal do?

The AIT will list your appeal for hearing and send copies of all the relevant papers, including the ECO’s written statement and supporting documents to the Home Office and to your representative and sponsor.
An Immigration Judge will hear the appeal in the UK. When considering an appeal, the Immigration Judge will take look at all the evidence sent in by your representative, as well as by the Home Office. The Judge will decide your appeal on the individual details of your case and in line with the Immigration Rules.

How to contact the Asylum and Immigration Tribunal (AIT)?

If you want to find out about the progress of an appeal, or for more information about the appeal system, you can contact the AIT.

Write to: The Asylum and Immigration Tribunal (AIT)
Arnhem Support Centre
PO Box 6987
Leicester LE1 6 ZX
United Kingdom
Phone: +44 0 845 600 0877
Fax: +44 0 116 249 4130
Website: www.ait.gov.uk