WHEN YOU HAVE A RIGHT OF APPEAL

Whether or not you have a right of appeal, the refusing officer will inform you of your right, and if you have a right of appeal, some forms will come with the refusal notice. Many applicants for entry clearance and also for leave to remain do have right of appeal. It is better when you have a right of appeal than when you do not. With a right of appeal, the immigration judge or court serves as a reviewing body. The Court is independent of the immigration authorities and you can be rest assured that you will get justice if you deserve one. Meanwhile, good advice, good preparation of your case, and good representation in court wins the case. This is why you need to chose your legal representative with care, bearing in mind that not all bad cases you lose and not all good cases you win.

It is also true that when you have a right of appeal, you may discover that the refusal is justified. Therefore, you need to decide with your legal team as to whether or not you should appeal. There is no need sometimes to waste good money on bad cases. Perhaps it is more advisable to re-apply rather than to appeal.

If you have to appeal, make sure that you comply with the time limit, as an appeal outside the time limit may not be accepted.

Some applicants, when refused, instead of appealing or seeking legal solution to the problem, will abandon the case and continue to live illegally or enter the UK illegally. Those who enter the UK illegally are taking great chance, because when caught, they are removed. It can also be very costly sometime.

All appeals are heard in the UK. The appeal can either be heard on paper or orally. An appeal is heard on paper when the appellant, his sponsor or legal representative is not present at the appeal hearing. Oral hearing is when you, or your sponsor and or your legal team are present at the hearing. It is noted that a lot of applicants refused entry clearance visas do always prefer the appeal to be heard on paper. However, it is noted that success rates of paper hearing is about 5% while oral hearing is about 70%. With paper hearing, the Judge has no opportunity to hear real and first hand evidence. It is true that for those in the UK they can attend the hearing, while those outside the UK cannot but their sponsor can. You can also be represented by a lawyer, with or without a sponsor. It should be noted also that documents and materials considered by the courts are as at date of decision if it is entry clearance refusal, and as at the date of hearing if the appeal is against refusal of leave to remain.

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  NO RIGHT OF APPEAL

Even though you do not have a "right of appeal", there might still be a right of appeal. This is when you require lawyers who know what they are doing. As rightly pointed out before, to have a right for an independent court to review the refusal is better than when you do not have such right. It is for your lawyer to find this appeal right for you under the Human Right provisions. Most applicants think that when there is no right of appeal, that is the end of their case. This is not correct. For example, you will not have a right of appeal if you are not visiting a close family member, such as first cousin, brother, sister, or if you did not have leave when you apply for leave to remain in the UK. When you have no right of appeal, efforts may be made to resolve the refusal with the refusing authority by way of making further representations. However, it is important not to overlook the possibility of having an appeal right and taking the necessary steps so as not to lose this right. Alternative to this may be an application for Judicial Review, which is more expensive.