Appeal Procedure After Visa Refusal – Step by Step

If your UK visa application has been refused and you wish to appeal, it’s essential to understand the appeal procedure, including deadlines for submitting documents and attending hearings. Here’s a comprehensive guide:

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1. Filing the Appeal

  • Inside the UK: You have 14 days from the date you receive the refusal letter to lodge your appeal.
  • Outside the UK: You generally have 28 days from the date you receive the refusal letter to lodge your appeal.

It’s crucial to adhere to these deadlines. If you miss them, the tribunal may reject your appeal unless you can provide a valid reason for the delay.

2. Preparing the Appeal Bundle

  • Appellant’s Bundle: After lodging your appeal, you’ll need to prepare a bundle of documents supporting your case. This includes skeleton argument, evidence, witness statements, and any other relevant materials.
  • Deadlines:
    • Protection Appeals: You must file and serve your bundle 14 days from the date of the notice of hearing or two working days before the Case Management Review (CMR) date, whichever is sooner.
    • Non-Protection Appeals: You must file and serve your bundle 28 days from the date of the notice of hearing or five working days before the substantive hearing date, whichever is sooner.

Ensure that your bundle is paginated and indexed. The Home Office will also provide a bundle, and you should only include materials not already present in their bundle unless there are omissions.

3. Notice of Hearing

Once your appeal is scheduled, you’ll receive a Notice of Hearing. This document will provide details about the date, time, and location of your hearing. It’s essential to review this notice carefully and prepare accordingly.

4. Attending the Hearing

  • Representation: You can represent yourself or appoint a legal representative to attend the tribunal on your behalf.
  • Format: Hearings can be held in person at a tribunal building or remotely via video link or phone. The Notice of Hearing will specify the format and provide instructions on how to prepare.

6. Important Considerations

  • Timeliness: Strict adherence to deadlines is crucial. Missing deadlines can result in your appeal being rejected.
  • Documentation: Ensure all documents are complete, accurate, and submitted on time.
  • Legal Advice: Consider seeking legal advice or representation to navigate the appeal process effectively.

If you need assistance with your specific case or have further questions, feel free to ask.

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