If your application is refused, you may have a right of appeal in the Tribunal system. Alternatively you could be eligible to apply for an administrative review.
Where there is no other avenue for redress, you may consider making an application for Judicial Review.
We will check your eligibility to appeal and advise you on the strengths and weaknesses of your case, the potential costs, and the timescales involved. We have an excellent success rate in Tribunal appeals ‘on the papers’ and in oral hearings. However, we also advise clients pragmatically whether a fresh application or alternative action might be more suitable to their case.
Appeal - Tribunal
If you are inside the UK then you normally have 14 days to submit your appeal, from the date when a refusal decision was sent to you. If you are outside the UK then the deadline is normally 28 days after receipt of the decision. However, there are circumstances when you can ask the Tribunal to consider your appeal "out of time". This could include circumstances where you have been unable to appeal because of an accident or illness, or if you were unaware of the decision because of delay or an error by the Home Office.
Appeal - administrative review
The administrative review procedure applies to Points-Based System applications submitted outside the UK. It also now applies to certain applications made from inside the UK.
If you apply for a refusal decision to be subject to administrative review then a different Entry Clearance Officer or Home Office caseworker will consider the case.
Appeal - Judicial Review
If you have exhausted your appeal rights or if you have no right to appeal to the Tribunal (for example, because your application was submitted after your leave to remain had expired), then you can apply for a Judicial Review of the decision. There are strict rules for applying to the Courts for permission have your case heard, and you may have costs awarded against you if you lose your case.
You must generally apply for permission for Judicial Review within 3 months of the date when the Home Office made the decision you are complaining about.
If you are considering any form of appeal, it is strongly recommended that you take legal advice about your situation, to check how your rights in the UK and any future applications could be affected.