Recent data highlighted by The Independent indicates that in the year to March 2019, over half of the negative decisions made on UK Visa applications have been overturned on appeal. The high percentage in overturned decisions is likely to be a product of the UK’s Hostile Immigration System. These figures also highlight the importance of ensuring UK Visas and Immigration applications are prepared correctly from the outset, to avoid further costs and to save time.
What is the UK Immigration News Update on UK Visa Appeals?
Recent data shows that 52% of UK immigration and asylum appeals were allowed between March 2018 and March 2019, with 23,514 applicants seeing their refusals overturned. This compares with only 39% of Home Office decisions being overturned 3 years earlier.
The reason for this is largely being blamed on the UK’s Hostile Environment Policy and the negative attitudes towards migrants. As it is often reported that Home Office caseworkers have to meet removal targets, it seems that the Home Office is refusing applications for the sake of it, rather than after giving the application proper consideration and determining that it does not satisfy all of the necessary requirements.
In response to concerns, a Home Office spokesperson has said:
“Caseworkers are given extensive training and mentoring to ensure they are able to deal with the complex issues they may encounter, and there are managers and senior caseworkers on hand should they need further advice or guidance … Appeals are allowed for a variety of reasons, often because of new evidence presented before the tribunal which was not available to the decision maker at the time.”
It is therefore imperative to submit a strong application from the outset in order to avoid unreasonable cost and delay.
What is a UK Visa Appeal?
When the Home Office makes a negative decision on a UK Visa application, Applicants may be given the right to appeal the decision either to the First-tier Tribunal (Immigration and Asylum Chamber) or they will be given a right of Administrative Review. Depending on the type of application that was refused, Applicants may be given an in-country right of appeal or out of country right of appeal. If the appeal is allowed, the Home Office will be invited to either revise its original decision or they can appeal the Court’s decision. Original Home Office decisions that may be given appeal rights are:
- When an asylum claim or humanitarian protection claim has been refused;
- When a human rights claim has been refused;
- A decision under the European Economic Area (EEA) Regulations for a residence document;
- Revocation of protection status; and
- Revocation of British citizenship.
In certain circumstances, it may be necessary to challenge a decision by way of a Judicial Review. However, this is only the ‘last resort’ when all other appeal options have been exhausted or if no appeal rights were given in the first place such as UK Visitor Visa applications as the Crime and Courts Act 2013 and Immigration Act 2014 removed the full right of appeal for family visitors and this change came into effect for new visa applicants on 25 June 2013. A limited right of appeal still remains on Human Rights or Race Discrimination grounds.
The Importance of Submitting a Correctly Prepared UK Visa Application
Applicants often find themselves in limbo, separated from their families, placed in immigration detention, or even deported if they fail to present and submit a strong application to the Home Office. Whilst these latest statistics are reassuring that a large percentage of incorrectly refused applications are being won on appeal and overturned, it should be noted that the UK immigration appeals process can be very lengthy and costly. It is therefore in the best interests of the applicant and their family members to submit a properly prepared application. Before making an application for a UK visa, Applicants should call our immigration team to arrange a consultation with our specialist immigration solicitor who can assess your circumstances and explain how we can help.
Using Legal Representation to lodge a UK Visa Appeal
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to lodge a UK Visa Appeal.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Immigration appeal succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visa appeal meets the Immigration Rules.
Successful UK Visa Appeal
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visa appeal. We can assist you with the preparation and submission of your UK Visa appeal.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key for successful UK Visa Appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.