How to Appeal against an Immigration or Visa Decision

Having your or your spouse’s visa in London refused can be devastating, though this happens a lot more than you think it. According to recent reports by the UK government, around 19.6 million passengers were arriving in the country by June 2021. This statistic puts things into perspective as to why your immigration or visa might have been denied.

Visa Refusal Appeal

However, according to the UK Immigration law, the good news is that people whose visa or immigration decision is denied have the right to appeal against the decision. If you don’t have the right to appeal, you can still ask the home office for an administrative review.

The Procedure For Making An Immigration Appeal

An appeal against an immigration or visa decision would serve as a legal challenge of a decision made by the Home Office. You would be making your appeal to the First-tier tribunal (an independent court) to look at your appeal and overturn the decision made by the Home Office.

Grounds For Appeal

You would only have the right to appeal on your visa refusals if your application was:

• An asylum claim
• An EU settled status application
• A human rights claim

If you have any of these rights to appeal, you can apply for your appeal on certain grounds, which are the legal reasons or claims for your appeal. These are:

• That under Section 6 of the Human Rights Act, the decision is unlawful
• That the revocation of your protection would act as a breach of the UK’s obligations under the Refugee Convention
• That the decision is not according to the EU law (if the decision is regarding EEA nationals)

Making Your Appeal Application

Your completed appeal form all the accompanying documents must be received by the Home Office in 14 calendar days after the Home Office sends you the decision.

Your appeal application depends on whether you are applying for yourself or are a solicitor applying on behalf of a client. You would need to fill out forms, take care of deadlines, and make sure your claims are right to have some hope of getting the decision revoked.

Take All the Help You Can Get

Appealing against a visa or immigration decision is a challenging and draining battle, and you should get all the help you need. Your best bet would be to get help and advice from a solicitor who can help you build your case in front of the court.

If you are making an immigration appeal in London, you can reach out to our experts at Wembley Solicitors. We can advise and support you throughout the process and do our best to make sure you can get your visa decision revoked.