Visa Refusal Appeals Barristers

The first question after any visa refusal is what kind of challenge the law allows, because it differs sharply by visa type. Only certain decisions carry a full right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber): refusals of a protection claim, refusals of a human rights claim, some EU Settlement Scheme and related decisions, and a small number of others. Most work, study and visit visa refusals are not appealable at all. Your refusal letter states which route is open to you, and getting this wrong can cost you the deadline.

Family visas are the main appealable category. An application to join a partner, parent or child in the UK under Appendix FM is normally a human rights claim, so a refusal can be appealed even though the applicant is abroad. An appeal from outside the UK must reach the Tribunal within 28 days of the applicant receiving the decision. From inside the UK, the limit is 14 days from the date the decision is sent. The sponsor in the UK usually gives evidence at the hearing, and the Tribunal can look at evidence about circumstances up to the date of the hearing, not just what was in the original application.

Where there is no appeal, the usual remedy is administrative review: a request that another Home Office caseworker checks the decision for errors. It costs £80 and must be requested within 14 days of the decision if you are in the UK, 7 days if you were detained when you got it, or 28 days if you applied from outside the UK. Administrative review corrects mistakes such as miscalculated funds or overlooked documents, but it does not consider new evidence. Visitor visa refusals generally have neither an appeal nor administrative review, leaving a fresh application or, in limited cases, judicial review.

A Direct Access Barrister can advise on which route applies and whether an appeal or a stronger new application is the better choice, draft grounds and the appeal skeleton argument, and represent the appellant at the hearing, including where the appellant attends by video from abroad or does not attend and the sponsor gives evidence. You or your sponsor lodge the appeal, upload evidence and correspond with the Tribunal. Immigration advice must come from a regulated source, such as a Barrister regulated by the Bar Standards Board or an adviser registered with the Immigration Advice Authority.

1. 1

   Read the Refusal

   Your Barrister checks the refusal letter for the route to challenge, the deadline and each reason given, and separates reasons that can be answered with evidence from those that reflect a real gap in the application.

2. 2

   Appeal or Reapply

   Where the refusal is appealable, your Barrister advises whether an appeal is better than a new application, taking account of appeal waiting times, the cost of reapplying and whether the gap can now be fixed.

3. 3

   Lodge and Gather

   You lodge the appeal with grounds your Barrister has drafted. You then collect the evidence your Barrister has identified, focusing on each reason for refusal in turn.

4. 4

   Skeleton and Review

   Your Barrister drafts the appeal skeleton argument. The Home Office reviews the decision in light of it and can withdraw the refusal and grant the visa without a hearing.

5. 5

   Hearing

   Your Barrister represents the appellant before the Immigration Judge, calls the UK sponsor and any other witnesses, and addresses the Presenting Officer's arguments on each disputed requirement.

6. 6

   Decision

   If the appeal is allowed, the Home Office should implement it by issuing the visa, subject to any onward challenge. If it is dismissed, your Barrister advises on an error of law challenge or a new application.