UK Visa Refusals and Appeals
Do you need to apply for a UK Visa Refusals and Appeals?
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Has your UK visa been refused or are you looking to appeal a UK visa decision?
There has been 19% increase in refusal of UK visas since the changes to the Immigration rules in 2012. The Immigration rules have been made much stricter and tougher. However, most of the refusals can be overturned by making a new application or by appealing the decision to refuse. Depending on the type of UK visa you applied for, the appeals process differs:
The right of appeal is generally granted under the section 82 of the Nationality, Immigration and Asylum Act 2002. If you have made an application to settle in the UK and have not submitted the required evidence to satisfy the Entry Clearance Officer or the Secretary of State and your application is then refused, you can appeal and submit the new evidence. However, you may need to prove that the evidence was available on the day of decision and - had it been asked for - it would have been provided. Sometimes the judges at the tribunal may refuse to accept the evidence; this is where a good advocacy works to convince the judges to accept the evidence.
If you have been refused a Tier 1, 2, 4 or 5 visa, then you will be given the right to administrative review, and - if the decision is still not overturned - then you will have the right to judicial review. However, you cannot submit any new evidence at the time of administrative review unless the refusal is based on the reason that the documents submitted with the application are not genuine. From our experience, a significant number of applicants face refusal due to fault, error, or the Entry Clearance Officer or Secretary of State not considering the documents provided. We generally encourage our clients to always appeal against their decisions being refused on the balance of probabilities, but it is important to note that there is no right of appeal against the visitor visas, except on the grounds of Human Rights. Generally UK Settlement Visa Appeals are also raised on Human RIght Grounds.
Our Appeal Advisors
Before we are able to advise you on the refusal of your case, we need to review the reasons for refusal or notice of the decision letter, which you can send us via email. It is important to note that if a new application is submitted to the Entry Clearance Officer or to the Secretary of state, you will have to declare your first refusal or any subsequent refusals in all other applications and - at times - this can have a negative effect on all your future applications. You will also be required to counter the reasons for your refusal in any future applications.
Time Frames
There are certain time limits that are adhered to when appealing a UK visa refusal decision:
Appeals can also be submitted out of time. However, you will need to provide a reasonable explanation to the Learned Tribunal why the delay occurred.
Benefits of a UK Visa Appeal
The main benefit is that you have the chance to explain your circumstances to a judge in person (unless you choose to do a paper appeal). During an oral appeal, it is always important to choose a good representative with experience and great advocacy skills.
Determination of Appeal
The determination of an appeal is sent by the court by post with either stating appeal allowed or dismissed. If your appeal is allowed, this means you have won the case; if dismissed, it means you have lost your case.
Both you and the Home Office presenting officers unit can appeal the decision of the tribunal.
Previous Cases
Appeals Under Article 8 of ECHR: Right of Private & Family life
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The maintenance requirements of E-LTRP.3.1-3.2 stand, although Blake J in R (on the application of MM) v Secretary of State for the Home Department said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; he suggested that an appropriate figure may be around £13,400, and highlighted the position of young people and low wage earners caught by the higher figure in the rules.
After applying the requirements of the Rules, only if there may be arguably good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them: R (on the application of) Nagre v Secretary of State for the Home Department; the term “insurmountable obstacles” in provisions such as Section EX.1 are not obstacles which are impossible to surmount: MF (Article 8 – new rules) Nigeria ; Izuazu (Article 8 – new rules) ; they concern the practical possibilities of relocation. In the absence of such insurmountable obstacles, it is necessary to show other non-standard and particular features demonstrating that removal will be unjustifiably harsh: Nagre.The Secretary of State addressed the Article 8 family aspects of the respondent’s position through the Rules, in particular EX1, and the private life aspects through paragraph 276ADE. The judge should have done likewise, also paying attention to the Guidance. Thus the judge should have considered the Secretary of State’s conclusion under EX.1 that there were no insurmountable obstacles preventing the continuation of the family life outside the UK. Only if there were arguably good grounds for granting leave to remain outside the rules was it necessary for him for Article 8 purposes to go on to consider whether there were compelling circumstances not sufficiently recognised under the Rules
There have been two interesting recent cases on Article 8.The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now withdrawn seven year children policy, DP5/96, applied to British citizens as much as to foreign nationals. One might have thought it was an obvious point, as it would be surprising if the position of foreign national children was in law better than that of British citizen children. The Court reiterates the point made in AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240, that the policy is a powerful factor to be taken into account in relevant cases.
Article 8: 9 July 2012 immigration changes (HC 194)
Article 8 cases (pre-2012 changes)
Delay and Article 8
Scope of Article 8
Defining what falls within scope of physical and moral integrity, private and family life, etc.
Article 8 and Proportionality
Proportionality and Article 8: Removal cases
Deportation Proportionality and Article 8
Right to Health Proportionality and Article 8
Article 8 International law
Article 8 and vulnerable minors
Article 8 and Best Interests of the Child (s.55, Borders and Citizenship Act 2009)
Interaction of family and immigration proceedings
Article 8 cases evidence
As UK visa and immigration specialists, we can make applications to the UKBA, including human rights applications and concessionary or discretionary applications, on your behalf. We can also make applications outside the rules. We represent clients with regard to their correspondence with the UKBA and at UKBA interviews, drafting client statements, submitting one-stop notices and lodging notices of appeal and statements of additional grounds. In additions, we can make applications for temporary admission and Chief Immigration Officer’s bail, as well as instructing a barrister or advocate for advice and advising on drafting appropriate grounds of appeal (where permitted by the Bar Council).
Do you need to apply for a UK Visa Refusals and Appeals?
Speak to our experts to find out about our fast, friendly and affordable service