Whenever an application is refused, the first point to consider is whether there is any right of appeal.

The Notice of Refusal will state the reasons for refusal and will also state whether or not there is a right to appeal against the decision.

The Notice will also stipulate any time limits within which the appeal must be lodged. In most cases there will be a right of appeal however there are a small number of cases where there is no right or appeal. These are :

Refusal of an application to come to the UK as a visitor, unless the application relates to an application for entry clearance as a family visitor;

Refusal of an application to come as a student on a short course of six months or less, or as a prospective student wishing to enter the UK in order to arrange your studies, or as the dependant family member of such a person.

The relevant appeal notice will need to be completed in English, within the relevant time limit. The grounds on which the appeal is being made including any Human Rights considerations must be stated. The time limits must be adhered to strictly otherwise the right to appeal may be lost. In the case of overseas refusals the time limit is 28 working days and 10 working days for UK refusals.

In all Immigration appeals it is advisable to instruct an experienced Solicitor to represent you at the hearing.

The Notice of appeal must then be lodged with the correct department. In the case of an overseas appeal this will be the Entry Clearance Officer at the British Embassy, Consulate or High Commission where the application was made. In the event of a UK refusal the Notice of Appeal must be sent to the Home Office in Croydon or the Chief Immigration Officer at the port or airport where the refusal decision was made.

The appeal hearing itself will take place in the UK at one of the specialist Immigration Courts located throughout the country.

For advice on all your legal matters please contact Ebrahim Foolat or Ibrar Hussain on 01254 672222 to arrange an appointment.