UK Visa refusal

A refusal under UK immigration law is an indication by the ECO that the applicant failed or was unable to satisfy the ECO that they fulfilled the relevant immigration rule. The option that may be available to an applicant after a visa refusal may depend on the visa category or type applied for. In almost all cases the applicant will be supplied with a Notice of Refusal setting out the refusal correspondence and the reasons supporting the decision.

For all visit visa categories, an applicant is not entitled to a full right of appeal. They enjoy only what is considered a limited right of appeal under section 84(1) (b) (c) of the Nationality, Immigration and Asylum Act, 2002. A ground of appeal against an immigration decision under this section must be that the decision is unlawful under section 19B of the Race Relations Act 1976 or section 6 of the Human Rights Act 1998. To establish a ground of appeal under the race relations or on human rights ground may in most cases be extremely difficult for a visitor visa applicant.

The only remedy against a refusal of a visit visa therefore is for the applicant to submit a new application with any additional information or documentation. In any case, the provision of additional information or documentation does not in any way guarantee that the application will be successful. The ECO is obliged by law to consider the application as a whole and on its merits.

A refusal of a Tier visa also carries with it a limited right of appeal under section 84(1) (b) and (c) of the Nationality, Immigration and Asylum Act, 2002. However, unlike the visitor visa applicant, the tier visa applicant is entitled to an administrative review of their decision at no cost, though they are not entitled to submit new evidence in support of their review request. Alternatively, the Tier visa applicant may also decide also to re-apply by submitting a fresh application. This however will incur the payment of the appropriate visa fee, though they will be free to submit additional evidence or documentation in support of their new application.

A refusal of a settlement visa application which is commonly Spouse and Dependent visas and EEA Family Permit applications carry with it a full right of appeal. The applicant may appeal on any of the grounds contained under section 84(1) of the Nationality, Immigration, and Asylum Act, 2002. An applicant may also decide to submit a new application, though this as usual will involve the payment of additional cost, save for EEA Family Permit application.