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:

  1. Right of Administrative Review
  2. Right of Appeal
  3. 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.

How our Immigration Lawyers can help you in handling your immigration matter?

Our team of UK Immigration Lawyers can expeditiously deal with your immigration matter. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your entry clearance application or administrative review or Appeal or Judicial Review under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Wandsworth, in south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website and on Google.
  • Our Immigration Lawyers shall discuss your Immigration Matter in length and advise you on the required documents and procedure of immigration application or appeal or Judicial Review.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Immigration matter including Immigration or EEA application to the Home Office, appeal to the Immigration and Asylum Chambers (IAC), High Court, Court of Appeal and Judicial Review applications in the UK.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Immigration matter including Immigration or EEA application to the Home Office, appeal to the Immigration and Asylum Chambers (IAC), High Court, Court of Appeal and Judicial Review applications in the UK.
  • It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

We are just a phone call or an email away and are available at 0203 514 2536 or info@chauhansolicitors.com and once in contact, be assured that you `ll be in safe hands.