Appeal against visa refusal

Before you apply for visa make it sure that you meet all the visa requirements so that there is no reason for visa refusal and thus no need for any appeal against visa refusal.

The UK Border Agency has started a new system for visa called the TIER-4 POINTS-BASED SYSTEM. With the introduction of this new system, the immigration requirements have changed a bit and it is good that this new system is student friendly.

So if you are a genuine student and want to apply for visa then you are welcome and believe me you will get your visa without any difficulty, but you must fulfill all the visa requirements.

However, if unfortunately you apply for visa and your visa is refused, you will receive written explanation for the visa refusal. Remember that every refusal is reviewed by a visa officer within 24 hours to make sure that the refusal decision is fair. For some types of visa refusal there is a right of appeal against the decision and for this purpose the visa officer will send you the notice of refusal along with the notice of appeal. The notice of refusal will explain the reason for the refusal while the notice of appeal contains appeal form and it will also explain how to appeal against the refusal.

The UK Border Agency says that you can appeal if;

• “the decision is unlawful by virtue of Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities), and/or


• The decision is unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights”.

It is better to do all this by yourself but if you are puzzled and don’t know how to do all this then it is far better to contact an immigration lawyer as they are the experts and can deal with such problems very smartly.

Besides the appeal you have the option of administrative review. In this process you can just ask to check the refusal decision and this procedure is known as administrative review which is free of charge, but you must ask for administrative review within 28 days from the date you receive the refusal notice.

Wishing you all the best!

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