On 25 June 2013, significant changes to when a person has a right of appeal, or has a right of appeal from within the UK, against an immigration decision came into force. As a result of these changes the right of appeal against the refusal of a family visit visa has been removed.
After the Crime and Courts Bill came into force on 25 June 2013 applicants who are refused a family visit visa no longer have the right of appeal against the refusal. An applicant’s options on receiving a refusal of a family visit visa application are now limited and include making a fresh application or applying for an administrative review.
Following these changes the Secretary of State can certify a refusal of leave to remain in the UK on the grounds that it is no longer conducive to the public good for the person to remain in the UK. The person will not have a right of appeal against the decision from within the UK but must leave the UK and appeal from overseas. The remedy prior to removal in such a case is to bring a judicial review.
And also where a person is appealing against a deportation order in certain national security cases before the Special Immigration Appeals Commission, the Secretary of State can certify that it is not in the interests of national security for them to remain in the UK and that to remove them would not cause ‘serious irreversible harm’ to their human rights. Then the person cannot appeal until they have left the UK. The remedy prior to removal in such a case is to bring a judicial review.
If your visa has been refused and you need advice on your options, contact us today.