Guidance - Appeals (INF 19)
Last updated
05 August 2008
This guidance
explains who has full rights of appeal if their application for a 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 an appeal?
Is there a time limit?
How much does it cost?
Who decides the outcome of an appeal?
What happens when an
appeal is lodged?
What does the Asylum and Immigration Tribunal (AIT) do?
How to contact the Asylum
and Immigration Tribunal (AIT)
Where to get independent advice
Who can appeal?
For some types of application, there are full rights of appeal when a visa to enter the UK is refused.
These are the most common:
Family
visit - if you are visiting close family members in the UK
Most applicants seeking to settle with family permanently in the UK
Student - to study for more than six months in the UK.
Your appeal rights will be stated on your written notice
of refusal.
How do I make an appeal?
If you have full rights 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 the Asylum and Immigration Tribunal (AIT) in the UK or you can send your appeal form to the visa
section where your application was refused. The visa section will then forward it to the AIT in the UK. You cannot
do both. If you lodge your appeal at the visa section where you were refused, the Entry Clearance Manager
will review your case in view of any new evidence that you have supplied with your appeal form. The refusal
decision may be overturned at this stage.
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 later than 28 days after you receive the Notice of Refusal.
How much does it cost?
There is no charge for appealing against your visa being refused.
Who decides the outcome of an appeal?
Appeals are determined in the UK by an Immigration Judge.
What happens when an appeal is lodged?
When the AIT has recorded your appeal they will send a Notice of Receipt to the visa section that refused
your application. You should enclose all additional supporting documentation with your appeal. When the visa section
receives the Notice of Receipt, an Entry Clearance Manager (ECM) will review the decision to refuse your application
in light of your Notice of Appeal and any supporting documents. If the ECM is now satisfied that your application
meets the Immigration Rules, the original decision may be overturned, and entry clearance issued.
If the ECM does not overturn the decision, an ECO will write a statement to explain
why the ECM decided to uphold the decision to refuse your application. This will be sent with all your papers (the appeal
bundle) to the AIT. This process can take some time. The appeal bundle will be prepared and sent to the AIT within
20 working days for non-settlement cases and family visit cases. For settlement cases, the papers will be prepared and
sent within 60 working days. These timings exclude postage and times to or from the visa section.
What does the Asylum and Immigration Tribunal (AIT) 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
or sponsor.
An Immigration Judge will hear your
appeal in the UK. When considering an appeal, the Immigration Judge will look at all the evidence sent in by your representative,
as well as by the Entry Clearance Officer. The judge will determine your appeal on the individual details of your case in
line with the Immigration Rules.
The Immigration
Judge has 10 days after the hearing to inform the AIT of his or her decision. The AIT will then forward that decision to everyone
involved.
If your appeal is allowed, the determination
will be sent to the relevant visa section who will in turn contact you. It can take up to six weeks for allowed determinations
to reach visas sections, although in the majority of cases it will be significantly less. Please do not therefore contact
them before that time.
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 appeals system, you can contact the AIT as follows.
