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.
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