ATTENTION NEW UK APPEAL RULES VS. VISA REFUSALS FOR THE YEAR 2004 / 2005
PLEASE NOTE THAT BEGINNING APRIL 2005 UNDER REVISED UK IMMIGRATION & ASYLUM ACT 2004, ANY APPEAL LODGED AGAINST REFUSAL AFTER APRIL 04 2005 WOULD BE DEALT BY ASYLUM & IMMIGRATION TRIBUNAL (A.I.T) UK, INSTEAD OF IMMIGRATION APPELLATE AUTHORITIES (I.A.A) UK. ANY APPEAL LODGED BEFORE APRIL 04 2005 WOULD BE TREATED EXCLUSIVELY BY A.I.T UK.
IT SHOULD ALSO BE NOTED THAT ACCORDING TO NEW APPEAL RULES, AN APPELLANT CAN LODGE HIS / HER APPEAL DIRECTLY TO A.I.T UK WHOSE ADDRESS IS MENTIONED BELOW RATHER THAN SENDING THE APPEAL BACK TO BRITISH HIGH COMMISSION /DEPUTY HIGH COMMISSION WHERE HE / SHE WAS REFUSED FROM:
ASYLUM AND IMMIGRATION TRIBUNAL
PO BOX 7866
LOUGHBOROUGH LE11 2XZ
UNITED KINGDOM
TIME LIMITS FOR STEPS TO BE TAKEN BY RESPONDENTS AND MEMBERS OF THE TRIBUNAL HAVE BEEN ADDED, ENSURING THAT (APPEAL) APPLICATIONS ARE HANDLED QUICKLY, THEREBY REDUCING THE LENGTH OF PROCESS AND PROVIDING GREATER CERTAINTY ON HOW LONG THE APPEAL PROCESS SHOULD TAKE FROM LODGING THE APPEAL TO SERVICE OF THE DETERMINATION.
APPEAL VS. REFUSAL : FREQUENTLY ASKED QUESTIONS
Why should I file an Appeal against visa refusal ?
There is a common acuity that filing an appeal against UK visa refusal is absolutely useless, time consuming and that they are hardly answered. Well … true even if as it seems to be, still, this perception is not valid enough to begin with, specially, in the light new measures taken for fast, quick and efficient processing of Appeals against all kinds of visa refusal beginning April 2004.
The fact is that if the Visa Officer / ECO grants the applicant the right of appeal in case of refusal, the applicant, no matter how much disheartened he / she is in the wake of harsh reality of getting refused, must avail to use it if he / she has not decided to re-apply his / her case.
True though that normally an appeal does take a bit longer for an ultimate decision (that could be somewhere from 2-4 or even 6 months or even a bit more) either in the form of acceptance or refusal, at the same time, there are 60% more chances for an applicant to win this ordeal since a good appeal contains all valid arguments with solid references against each and every related ground of refusal the ECO announces on the refusal letter.
In the word of one famous lawyer, sometimes, an appeal even stands a better chance as compare to those applicants who nevertheless are applying for the first time with no background of refusal. Therefore, it is wise to go for appeal against refusal rather to sit loose, give up with dejection and do nothing.
How quickly should I act upon to avail the chance of an Appeal ?
Normally, an appeal has to be filed within 28 days (working / non-working) from the date of refusal. In some cases, specially the ones where the refusal comes for an Applicant without having being interviewed, the period begins from the date when the letter of refusal is handed over to the applicant by FedEx Authorities.
A solid reason with proof has to be provided in case the appeal is filed on any day following the expiry of 28 days limit.
What are the basic requirements for an Appeal ?
As said earlier, a good appeal is the one which is full of valid reasoning to the point, with full references of any previous appeal(s) allowed if possible, against each and every ground for refusal declared by the ECO on rejection letter.