Visa refusals, appeals and administrative review

The decision that matters is not whether to fight, but which route — and that turns on what the refusal letter actually says rather than on how unfair the outcome feels.

[ Send us the refusal letter ][ 0207 112 8818 ]

Four different routes, and they are not interchangeable

Administrative review. Available on some routes where the complaint is a case working error — evidence submitted but not considered, the rules misapplied, an arithmetical mistake. It is a review of the existing decision on the existing evidence. New evidence is generally not considered, which is the limitation people misunderstand. Short deadline.

Appeal to the First-tier Tribunal. Available where there is a statutory right of appeal — principally human rights and protection claims, and EU Settlement Scheme decisions. A judge reconsiders the decision, and new evidence can generally be considered. Short deadline, shorter if you are in detention.

Judicial review. Where there is no appeal or administrative review, or where those have been exhausted. Not a rehearing — a challenge to the lawfulness of the decision. Demanding standard, short deadlines.

A fresh application. Often faster and cheaper than any of the above, and frequently the right answer.

Which one, and how to tell

Read the refusal letter, not the outcome. Three questions decide it:

Was evidence you submitted not considered, or a rule misapplied? That points to administrative review, where available. This is the clearest case for challenging rather than reapplying, because the error is on their side.

Was evidence missing, weak, or in the wrong format? That usually points to a fresh application. Administrative review will not look at new evidence, and an appeal on a route with no appeal right does not exist. Reapplying properly is faster and often cheaper.

Does the decision engage human rights, protection, or EU settled status? That may give a right of appeal, which is a fuller reconsideration.

The most common and most expensive error is challenging when the right answer was to reapply — spending months on a review that cannot succeed because the real problem was a missing document. The second most common is reapplying when there was a plain case working error that would have been corrected in weeks.

Deadlines

Every route here has a short deadline, and they differ by route, by whether you are in the UK, and by whether you are detained.

Check the date on your refusal letter today. More good challenges are lost to deadlines than to merits, and the deadline runs from the decision rather than from when you got round to reading it.

A refusal is not only about this application

Two consequences people underestimate.

A refusal sits on your immigration history and is disclosed in future applications, including for settlement and citizenship. A refusal that was avoidable is a cost that keeps being paid.

Where deception is alleged, the consequences are considerably more serious — including a long re-entry ban. An allegation of deception must be dealt with properly and immediately, and it is not a situation to handle alone.

What we do

Read the refusal letter and tell you which route is actually available and which is actually sensible — including where that is a fresh application rather than a challenge. Prepare and lodge administrative reviews and appeals, and instruct counsel where a hearing requires it. Deal with deception allegations. And where a challenge is not worth pursuing, say so.

What it costs

Administrative review and appeal preparation are quoted as fixed fees. Counsel’s fees for a hearing are additional and set out before they are incurred. Judicial review is hourly at £400 plus VAT.

An assessment of the refusal letter on its own is a fixed fee, and it is where the money is best spent — it tells you whether to spend anything else.

Questions

Questions people ask us

Should I appeal or reapply?

It depends on why you were refused. Where evidence you submitted was not considered or a rule was misapplied, a challenge may be right. Where evidence was missing or inadequate, a fresh application is usually faster and cheaper. The refusal letter answers this — send it to us.

Can I submit new evidence in an administrative review?

Generally no. It is a review of the existing decision on the existing evidence, looking for case working errors. That is the principal reason to prefer a fresh application where the real problem was missing evidence.

Do I have a right of appeal?

Not on every route. Appeal rights exist principally for human rights and protection claims and for EU Settlement Scheme decisions. Many refusals carry administrative review instead, and some carry neither — in which case judicial review is the only route.

How long do I have?

Short, and it varies by route and by whether you are in the UK or detained. Check the date on your refusal letter today. Deadlines defeat more challenges than merits do.

They have accused me of deception. What happens now?

This is the most serious allegation in an immigration decision and carries consequences well beyond the current application, including a potential long re-entry ban. Take advice immediately — how it is answered, and how quickly, matters a great deal.

Will a refusal affect future applications?

Yes. It forms part of your immigration history and is disclosed in later applications including settlement and citizenship. That is a reason to get the first application right rather than treating a refusal as a stage in the process. [ Send us the refusal letter ]

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Start with a conversation

A free 20-minute call. Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost.

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A free 20-minute call

Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost. No advice is given on this call and there is no charge for it.

£350 plus VAT

A paid strategy session

One hour with a partner, followed by a written summary of your position and options. For people who want proper advice without instructing a firm yet. Credited in full against your fees if you go on to instruct us.

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