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| APPEALS AGAINST A VISA REFUSAL |
| APPEALS Very rarely a visa application that we have presented is referred to an appeal by the Immigration Appellate Authority for consideration by an independent adjudicator appointed by the Lord Chancellor. These appeals always take place at a location in the UK. The majority of appeals are adjudicated on documents alone and the presence of the applicant or sponsor is not required however the visa applicant always has the right to be represented at the hearing by a sponsor or a legal representative and should be so represented. The appeal is then submitted to the British Embassy in Bangkok who will forward it to the competent authorities in the UK for determination if the Embassy in Bangkok do not decide to reverse their decision on receipt of the appeal. Appeals are not just a 'second opinion' they are a legal argument as to why the decision of the entry clearance officer was incorrect and the relevant immigration law must be quoted. Further any interference with the 1998 Human Rights Act must be mentioned in the appeal or the immigration judge will not consider it. Other Acts may also be relevant depending on the circumstances. It is possible to add fresh evidence as part of the appeal. There is a deadline of 28 days to submit the appeal from the date of refusal of the visa application. Preparation of an appeal is time consuming and requires detailed knowledge of the laws involved. The Embassy can, and do, make mistakes and when they are pointed out to them they normally reverse their decision and issue the visa within about a month of receiving the detailed grounds for appeal. An appeal will typically take at least seven months from submission to conclusion. The Embassy will have the decision served on them six weeks after the judge has ruled and can then issue the visa if the appeal is granted. The Embassy normally accepts the decision of the judge at the Asylum & Immigration Tribunal (AIT) but they can appeal again if they think the decision is incorrect. It should be noted that a tourist visa or short term student refusal cannot be appealed but virtually every other type of application can be. A refusal of a tourist or student visa can still be challenged by contacting the Embassy. |
| Epsom, | Surrey, | KT18 7DL |
| Visitors: 00634 |