Appeals (INF 19)

Guidance - Appeals (INF 19)
Last updated 05 August 2008

This guidance explains who has full rights of appeal if their application for a visa or other entry clearance for the United Kingdom (UK) has been refused, and how to make such an appeal.

Who can appeal?
For some types of application, there are full rights of appeal when a visa to enter the UK is refused. These are the most common:

  • Family visit - if you are visiting close family members in the UK
  • Most applicants seeking to settle with family permanently in the UK 
  • Student - to study for more than six months in the UK.

Your appeal rights will be stated on your written notice of refusal.
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How do I make an appeal?
If you have full rights of appeal, the ECO will give you three documents.

  • The written Notice of Refusal (this tells you why the ECO has refused your visa).
  • The Notice of Appeal form AIT-2 (you must fill this in to explain why you think the ECO was wrong to refuse you a visa).
  • A leaflet explaining how to fill in the Notice of Appeal form.

You can lodge your appeal directly with the Asylum and Immigration Tribunal (AIT) in the UK or you can send your appeal form to the visa section where your application was refused. The visa section will then forward it to the AIT in the UK. You cannot do both. If you lodge your appeal at the visa section where you were refused, the Entry Clearance Manager will review your case in view of any new evidence that you have supplied with your appeal form.  The refusal decision may be overturned at this stage.  

You must send a copy of your Notice of Refusal with your Notice of Appeal form.
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Is there a time limit?
Yes. You must fill in and return the Notice of Appeal to the AIT or the British mission overseas where your visa was refused no later than 28 days after you receive the Notice of Refusal.
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How much does it cost?
There is no charge for appealing against your visa being refused.
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Who decides the outcome of an appeal?
Appeals are determined in the UK by an Immigration Judge.
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What happens when an appeal is lodged?
When the AIT has recorded your appeal they will send a Notice of Receipt to the visa section that refused your application. You should enclose all additional supporting documentation with your appeal. When the visa section receives the Notice of Receipt, an Entry Clearance Manager (ECM) will review the decision to refuse your application in light of your Notice of Appeal and any supporting documents. If the ECM is now satisfied that your application meets the Immigration Rules, the original decision may be overturned, and entry clearance issued.

If the ECM does not overturn the decision, an ECO will write a statement to explain why the ECM decided to uphold the decision to refuse your application. This will be sent with all your papers (the appeal bundle) to the AIT. This process can take some time. The appeal bundle will be prepared and sent to the AIT within 20 working days for non-settlement cases and family visit cases. For settlement cases, the papers will be prepared and sent within 60 working days. These timings exclude postage and times to or from the visa section.
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What does the Asylum and Immigration Tribunal (AIT) do?
The AIT will list your appeal for hearing and send copies of all the relevant papers, including the ECO’s written statement, and supporting documents to the Home Office and to your representative or sponsor.

An Immigration Judge will hear your appeal in the UK. When considering an appeal, the Immigration Judge will look at all the evidence sent in by your representative, as well as by the Entry Clearance Officer. The judge will determine your appeal on the individual details of your case in line with the Immigration Rules.

The Immigration Judge has 10 days after the hearing to inform the AIT of his or her decision. The AIT will then forward that decision to everyone involved.

If your appeal is allowed, the determination will be sent to the relevant visa section who will in turn contact you.  It can take up to six weeks for allowed determinations to reach visas sections, although in the majority of cases it will be significantly less.  Please do not therefore contact them before that time.
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How to contact the Asylum and Immigration Tribunal (AIT)
If you want to find out about the progress of an appeal, or for more information about the appeals system, you can contact the AIT as follows.

Asylum and Immigration Tribunal 
PO Box 6987
Leicester LE1 6ZX
United Kingdom
Tel: (+44) (0)845 600 0877
Fax: (+44) (0)116 249 4130
email: customer.service@tribunals.gov.uk
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Where to get independent advice
You can contact the Immigration Advisory Service (IAS) for advice and help with an appeal. The IAS is a voluntary organisation independent of government, and can provide confidential advice for you and your representatives.

The IAS can help you to decide whether or not to make an appeal. It can also represent you at an appeal hearing.

Immigration Advisory Service
County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0)20 7967 1200 
Duty office (open 24 hours a day): (+44) (0)20 8814 1559
Fax: (+44) (0)20 7378 0665 
Email: advice@iasuk.org
Website: www.iasuk.org

The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.

You may be entitled to have your representative paid for by the Legal Services Commission’s ‘Community Legal Service’ (CLS).

To find out if you qualify for this funding, contact:

Community Legal Service
Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX
Tel: (+44) (0)845 608 1122
website: www.legalservices.gov.uk

Please do not send your appeal to the Legal Services Commission. You should always send your appeal to the AIT or the visa section where your application was refused.

Further information

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact us:

UK Border Agency
Visa Services Directorate
London SW1A 2AH

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Further information

 

The official British Government website for visa services

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