Appeal for Visa Refusal UK
Appeal for Visa Refusal UK: Under English law, people who have had a negative decision by a court/government department that affects their lives (such as whether they can enter or leave the UK), generally have the right to appeal. This is fundamental to the rule of law, and we believe it is essential that migrants have full access to justice in order to be able to exercise their appeal rights.
Unfortunately, the British government has severely curtailed appeal rights for immigrants applying for entry clearance or stay – mainly those applying under the points-based immigration system – and replaced it with administrative review rights have given. The rights of appeal under the points-based system have been removed, except in situations where it is alleged that the refusal violates the applicant’s human rights. Therefore, instructing an experienced attorney who is familiar with immigration law is important at the visa application stage and when considering an appeal.
Section 84 of the Nationality, Immigration and Asylum Act 2002 outlines the valid grounds for appeal to the Immigration and Asylum Cell, which are:
- The decision is not in accordance with immigration rules.
- This decision is illegal on the basis of Section 19B of the Race and Religion Act.
- The decision is illegal under the Human Rights Act, i.e. the decision is inconsistent with the Convention rights of the appellant.
- that the appellant’s rights under community treaties would be violated because he or a family member is an EEA national.
- That discretion should have been exercised differently from the way it was legally exercised by the initial adjudicator.
- That the appellant’s rights under the Refugee Convention and Human Rights Act would be violated, the UK authorities were to proceed with the expulsion.