Refusal of Entry Clearance Application

Refusal of Entry Clearance Applications

In the unfortunate event of the refusal of entry clearance application, the applicant is issued with a notice of refusal giving reasons of the refusal of the visa application. The notice of refusal further mentions one of the following:

Right of Administrative Review

Right of Appeal

No right of appeal

Notice of Refusal of Entry Clearance

It is in fact the responsibility of the applicant to provide all the supporting documentary evidences to establish that he fulfills the relevant criteria of the immigration rules. The visa officer (ECO) is duty bound to consider all the information and documents provided with the application and give reasons of not refusing the visa application. It may often appear from the wordings of the notice of refusal that the ECO has not taken into account some of the documents or the information provided with the application.

Right of Administrative Review

Refusal of point based applications attracts right of administrative review which must be exercised within 28 days from the date the applicant receives the decision. The scope of the administrative review is quite limited as in most cases the applicants may only rely on the documents or the information provided with the application. Please read more about Administrative Review in a separate section of this website.

However it is important to assess whether making a fresh entry clearance application is more suitable depending on the reasons of the refusal and the documents provided with the application. For example, if some mandatory documents were not submitted with the entry clearance application then there would not be any point in proceeding for the administrative review.

Right of Appeal

Following are the situations where the applicants are given full rights of appeal.

Applications made under Paragraphs 276R and 276X (partner or child of a member of HM Forces);

Applications made under Paragraphs 276AD and 276AG (partner or child of a member of HM Forces) where the sponsor is a foreign or Commonwealth member of HM Forces and has at least 4 years’ reckonable service in HM Forces at the date of application;

Applications made under Part 8 of these Rules (family members) where the sponsor is present and settled in the UK (unless the application is made under paragraphs 319AA to 319J of these Rules) or has refugee or humanitarian protection status in the UK;

Applications made under Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where the sponsor is a British Citizen or has at least 4 years’ reckonable service in HM Forces at the date of application;

Applications made under Appendix FM (family members).

Any such appeal rights must be exercised within 28 days from the date the applicant receives the decision. The scope of the appeal is also quite limited as well as in most cases the applicants may only rely on the documents or the information provided with the application. Please read more about Appeals in a separate section of this website.

However it is important to assess whether making a fresh entry clearance application is more suitable depending on the reasons of the refusal and the documents provided with the application.

No Right of Appeal – Judicial Review

In some entry clearance applications there is no right of appeal and the only remedy is to lodge Judicial review proceedings in the Upper Tribunal of the Immigration and Asylum Chamber.

The Applicant can challenge the original and any subsequent decisions (if applicable) within 90 days from the date of the refusal.

The Judicial Review process is triggered with a Pre-Action Protocol letter that the applicant needs to serve to the Home office giving them an opportunity to reconsider the original decision and grant entry clearance. If the Home office decides to maintain the decision then a permission application needs to be made to the Upper Tribunal. Please read more details about the procedure in Judicial Review section.

We have had a number of refusals of visit visa applications overturned just on the basis of serving Pre-action protocol letter and you may count on our experience in handling such matters.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

info@chauhansolicitors.com

0203 514 2536