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Appeals (INF 19)

Guidance - Appeals (INF 19)
Last updated 16 February 2010

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.

Guidance

Further information

 

A quick guide to making an appeal against an immigration decision

  • The deadline to appeal is 28 calendar days from the date you received your Notice of Decision.  The First-tier Tribunal (Immigration and Asylum Chamber) (IAFT) or the visa section who decided your application must recieve your appeal by the end of this period.  You must not send your appeal to both locations.
  • You must send your Notice of Decision with the IAFT-2 appeal form.
  • Form IAFT must be completed in English.  It is in your interest to complete this form as thoroughly as possible.  A current contact address must be provided.
  • If you have documents supporting your Grounds of Appeal you should send these with Form IAFT-2.
  • If you are sending any other documents with this form to support your appeal, they must be in English or accompanied by a certified translation.
  • Your appeal form must be signed by you or your representative (if you have one).  A Form IAFT-2 submitted without a signature will be returned to you.
  • Use standard A4 sized paper only for supporting documents.
  • Do not use staples.  However, paperclips are acceptable.

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Who can appeal?

For some types of application, there are Full Rights of Appeal (FRA) when entry clearance to the United Kingdom is refused. These are the most common:

  • Family Visit - if you are visiting qualifying family members in the UK
  • Settlement – if you are seeking to permanently settle with qualifying family members 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 a Full Rights of Appeal, the Entry Clearance Officer (ECO) will give you three documents.

  • The written Notice of Decision (this tells you why the ECO has refused your visa).
  • The Notice of Appeal form IAFT-2 (you must fill this in to explain why you think the ECO was wrong to refuse you a visa).
  • An information document explaining how to complete the Notice of Appeal form.

You can lodge your appeal directly with the First-tier Tribunal (Immigration and Asylum Chamber) (IAFT) 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 IAFT in the UK. You cannot do both.

If you have a Full Right of Appeal you can decide to appeal against this decision or reapply for another visa after you have addressed the reasons for the original refusal.  If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal.  If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the need for an appeal hearing.


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Is there a time limit?

Yes. You must complete and return the Notice of Appeal to the IAFT or the visa section where your visa was refused no later than 28 days after you receive the Notice of Decision.

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How much does it cost?

There is no charge for appealing against your visa being refused.

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I have sent my appeal, how long will it take before I hear what happened?

Once the IAFT has received your appeal they will advise you of a date and time of hearing.  UK Border Agency International Group has no control over when an appeal is heard. Contact the IAFT to determine this:

By Letter to:
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom.  
LE1 6ZX

By telephone to: 0044 (0)845 6000 877

By fax to: 0044 (0)116 249 4130 or 4252

By email: Customer.Service@tribunals.gsi.gov.uk
 

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Who decides the outcome of an appeal?

Appeals are determined in the UK by an Immigration Judge appointed by the First-tier Tribunal (Immigration and Asylum Chamber)

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What happens when an appeal is lodged?

When the IAFT 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 then 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 IAFT. The appeal bundle will be prepared and sent to the IAFT 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 First-tier Tribunal (Immigration and Asylum Chamber) (IAFT) do?

The IAFT will list your appeal for hearing and send copies of all the relevant papers, including the Entry Clearance Officer's (ECO) 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 ECO. The Immigration 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 IAFT of his or her decision. The IAFT will then forward that decision to everyone involved.

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What happens if my appeal is allowed by an Immigration Judge?

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 4 weeks for allowed determinations to reach the relevant visa section and a further 8 weeks to process the determination. The visa section will write to you using the contact details provided on your appeal form (IAFT-2).  Please do not contact the visa section until 12 weeks have passed from the date you or your representative recieved the allowed determination. This date will be stated on your written determination.

Do not contact the First-tier Tribunal (Immigration and Asylum Chamber) or the Immigration Enquiry Bureau (IEB) about your appeal after you have recieved your allowed determination.  They will not be able to issue you with a visa or deal with your enquiry.  

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How to contact the First-tier Tribunal (Immigration and Asylum Chamber) (IAFT)

If you want to find out about the progress of an appeal, or for more information about the appeals system, you can contact the IAFT as follows.

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX
United Kingdom

Tel: (+44) (0)845 600 0877
Fax: (+44) (0)116 249 4130 or 4252
email: customer.service@tribunals.gsi.gov.uk

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Where to get independent advice

If you need help with your application or advice about the UK’s Immigration Rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC – www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Institute of Legal Executives can provide a list of Law Firms who can advise on immigration matters. Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

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 IAFT or the visa section where your application was refused.


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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).

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The official British Government website for visa services

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