Different Types of Appeal

gavel and law books on a tableIf someone has applied for a UK visa and been refused, the next stage may be an appeal. There are often time limits for appeal and these are usually laid out in the refusal letter. It is best for people to adhere to these limits as there are times when a new application cannot be made so an appeal is the only chance of gaining entry without a change of circumstances.

There are several different types of possible appeal and it is important to choose the right one. An immigration solicitor in London, like Saracens Solicitors, can help with this and with the construction of a strong case where possible.

Administrative review

Administrative review is usually allowed instead of an appeal on certain applications. An administrative review can be made on the grounds that some sort of mistake or misunderstanding has occurred.

Whether someone is able to make an administrative review or not is usually laid out in their refusal letter. They cannot make an administrative review if they wish to appeal on any other grounds. If they begin one and then make a separate appeal elsewhere, their administrative review will be cancelled and they may not be able to reapply. It is best to seek the advice of an immigration solicitor in London before making any kind of appeal. However, there are time limits in place so it is advisable to do this as soon as possible. An administrative review must be made within 28 days of refusal.

Human rights appeals

The European Convention on Human Rights give people the protection of laws pertaining to their basic human rights. If an immigration decision could lead to a violation of these rights then it may be possible for it to be deemed unlawful. If someone appeals a decision on the grounds of human rights and wins, it does not mean that they automatically have the right to remain or enter. It simply means that the previous decision is not valid and a further decision will need to be made in their case.

These are just two of the possible appeals that can be made. There are many more and some are highly specialised. An immigration solicitor in London will be able to discern the possibilities for appeal in individual cases.