Appeals

Get that "Denied" descision overturned.

Visa Refusal Application

Our Appeal Service is currently limited to UK and Republic of Ireland only.

USA and Canada do not give rights of Appeal in Nigeria however if your matter concerns human rights please contact us to see whether your relative or sponsor in the US or Canada may have a right of appeal in relation to your application.

Where there is a right of appeal, we can refer your relative to our affiliate lawyers in the US or Canada for advice, assistance, and representation on Appeal Against Refusal of Visa Matters.

Appeal Against Visa Denied Decisions

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Appeal against UK Visa Refusal

Administrative Reviews

In some cases, for UK visa refusals, the first step in the process is to apply for 'Administrative Review'.

In some cases, such as the in the case of UK visa refusals a document known as 'Decision Notice' will accompany your returned passport and this notice will tell you whether or not you have been granted a right to apply for administrative review.

Even if you have not been granted an administrative review, we may still be able to apply for disclosure of clearer reasons for the denial of your visa.

If the reasons for the refusal is an error in your submission that can be easily explained to the satisfaction of the visa issuing authority we may then apply for you to be granted permission to submit administrative review, so that a fresh visa application or formal legal appeal processes can be avoided. The administrative review is only a reconsideration of your original application and if you are granted permission we have the knowhow to submit an excellent request on your behalf.

Please note that administrative reviews are:
  • Normally directed to and addressed to the highest diplomatic officer of the destination country that is based here in Nigeria.
  • Normally reviewed 'in-country' here in Nigeria.
  • Must only be accepted by countries that have a process for it and have granted you the right to submit an application for administrative review of a negative decision.
  • Will usually be looked at by a more senior officer than the officer that considered your initial application even though the officer that made the decision to refuse may usually have the first opportunity to consider the review, the review would have to be further considered by a more senior officer on behalf of the high commissioner, ambassador or consular, unless the original officer reaches a decision by himself to grant your visa after considering our submissions on your behalf.
  • Even where a country has not granted you a right to submit an administrative review we can submit an administrative review with a letter to the high commissioner asking the high commissioner to consider some exceptional circumstances and make an exception by granting you an extra-ordinary opportunity for a review (please note that this is only possible where there are exceptional circumstances such as need for medical treatment abroad, need to escape political persecution or other types of persecution).
  • Administrative reviews are not really a part of the legal process, but the right to an administrative review, where it is granted or should have been granted, is a serious legal issue. Moreover the handling by the authorities and the outcome of an administrative review will surely form part of the evidence to be presented at court if the administrative review does not result in the desired outcome there is a need to take things further towards the legal process.
  • Administrative reviews exist so that deserving cases can have a decision to refuse a visa reversed without a need to waste time and money on legal processes and also where visa fees are high to avoid payment of new application fees.
  • Administrative review applications are normally answered after a two to three weeks of submission but it is not possible to guarantee how long the embassy may take as they will like to look into all matters raised in the review.
  • For the UK and the Republic of Ireland it is possible to take submission of applications for exceptional and compassionate administrative reviews out of the country by applying further to the UK Home Secretary and the office of the Visa Appeals Officer, Visa Section Irish Naturalisation and Immigration Service.

You can only apply for an administrative review if all of the following apply:

  • You are outside the UK.
  • You applied outside the UK.
  • Your application was refused on or after 6th April 2015.
  • You don't have a right of appeal against the refusal
  • You didn't make an application as a visitor or short-term student
Rights of Appeal Against Refusal of UK Visas

If you have been refused a UK visa but not invited to submit an administrative review you may be invited to submit an appeal.

Your right of appeal may arise from a variety of sources, including:

  • Non-compliance with immigration law and policy
    • Refers to failure to grant you visa in circumstances where the UK immigration law and UK immigration policy directly or indirectly provide that an applicant in your situation should be granted a visa.
  • Non-compliance with immigration law and policy
    • Refers to failure to grant you visa in circumstances where the UK immigration law and UK immigration policy directly or indirectly provide that an applicant in your situation should be granted a visa.
  • Human Rights Law
    • This refers to fundamental rights such as right to life, right to private and family life, right to liberty, right not be subjected to torture etc.
  • Administrative Law
    • This refers to cases where entry clearance and other visa issuing officers have not followed prescribed law or procedure in considering your application for a visa.
Process of Appeals Against Refusal of UK Visas - Immigration Tribunal

The first stage of formal legal processes for immigration matters is the First Tier Tribunal of the Immigration & Asylum Chamber of Her Majesty's Courts and Tribunals Service.

To lodge an appeal at the Tribunal in the UK for example you simply need to fill out a form, set out your grounds (reasons) for appeal and submit this to a publicly available address.

Without a shadow of doubt, appeals to Tribunals are best conducted with professional advice, assistance and representation from UK qualified solicitors and barristers.

Lawyers who are only qualified to practice in Nigeria may be able to assist and support, but the experience and exposure of practitioners who are trained in the UK and have practiced immigration law in London for many years is always going to offer better value for appellants.

Whilst you are in Nigeria, our legal consultants working as team from Lagos, Abuja and London will submit your appeal and represent you on the day of your hearing in the UK.

If your appeal will be conducted without a hearing, we will prepare written submissions that meet international best practice standards in language, technical and legal content.

We give use our skills and professional knowhow to your benefit so that the Tribunal will be able to reach a decision only after taking full account of all the positive aspects of your appeal.

We also explain and minimise negative aspects of your case, if any, to reduce adverse impact of any previous errors or failures to provide an information on the prospects of success of your appeal.

Whilst it is impossible to guarantee that we will win any appeal, it is always possible to win any case on appeal regardless of any negative factors because the legal system makes allowances for mitigation and explanation of reasons in all situations.

The second stage of formal legal processes for immigration matters is the Upper Tribunal of the Immigration & Asylum Chamber of Her Majesty's Courts and Tribunals Service.

Many important immigration decisions have been made by the Upper Tribunal ordering embassies around the world and in Nigeria to grant visas to applicants.

Where the First Tier Tribunal refuses an appeal we will advise you on whether or not a further appeal worthwhile.

Further appeals are only worthwhile when there is a clear issue of law on which we take a solid legal position that the First Tier Tribunal has made an error.

It is only possible to appeal to the Upper Tribunal with the permission of the First Tier Tribunal which we will apply for where we are confident that a further appeal should be lodged.

If however the First Tier Tribunal refuses to grant us permission to appeal to the Upper Tribunal UK law permits us to apply directly to the Upper Tribunal to grant us permission to submit appeal against the decision of the First Tier Tribunal.

Where permission to appeal to the Upper Tribunal is achieved whether from the First Tribunal itself or from the Upper Tribunal our UK legal team are able to follow the appeal process with expertise and diligence.

Process of Appeals Against Refusal of UK Visas - Judicial Review and Courts of Law Access to Justice provisions in the UK allows everyone to seek redress for injustice and unfairness. Claims based on Human Rights can go directly to the Royal Court of Justice in London can be made against the UK Government for breach of UK law.

We mostly submit Judicial Review Applications for willing clients in cases where we believe that a decision made by the High Commission entry clearance officer or the UK Secretary of State for Home Affairs is wrong in law and would not survive judicial scrutiny.

Judicial Review is simply a process by which applicants claim and ask the courts to decide whether a questionable decision that has been made by any executive officer including consular officers, immigration and border force officers is wrong in law.

Courts of law can knock down decision that do not pass a set off legal set criteria that revolve around basic concepts of natural justice and fairness. Our lawyers can advise you on these public law criteria and thoroughly consider the legalities and facts of your case to see if Judicial Review is appropriate.

Appeal Against Visa Denied Decisions in the UK

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Appeal against Ireland Visa Refusal

Appeal Procedures

The information contained in this note is intended only as a guideline and has been taken from the Irish Naturalisation and Immigration Service website. For advice that is tailored to your particular circumstances please contact us.

What if I am refused a visa?

Visa Officers process individual applications on merit of information supplied by each application and based on the documentation that an applicant has presented in their application.

If you are refused a visa, you must carefully consider the refusal reasons listed on your refusal letter in conjunction with the documentation required for a specific visa type.

If you submit any false or misleading information, or false supporting documentation as part of your application, it may result in the refusal of your application without grant of a right of appeal. This will be noted on your refusal letter.

It may also result in your being prevented from making further Irish visa applications for a period of 5 years.

How do I lodge an appeal?

The visa reference number must be quoted on all future correspondence. You may appeal this decision by writing to the Visa Appeals Officer at the your application was refused in one of our overseas visa offices such as Abuja, you should submit your appeal to the same office.

Appeals must be submitted in hard copy. Faxed or emailed appeals will not be considered.

A covering letter stating that you are appealing the refusal must be provided. Failure to provide this can delay your appeal being processed. Please also provide a contact email address.

If you have a sponsor or legal advisor in Ireland who you wish to communicate with this office on your behalf, a letter of authority in accordance with the Data Protection Act 2003 allowing this person to do so must be provided.

Any further information or additional documentation which you wish to have taken into account should be sent; however, provision of such does not guarantee approval of the application.

Is there a time limit?

Yes.

Refusals must be appealed within 2 months of the refusal date shown on your letter.

How much does it cost?

There is no charge for an appeal against refusal of a visa.

What happens when I make my appeal?

The Appeals Officer will review the application, taking account of any further comments you have made in the grounds of appeal and of any supporting documentation submitted.

Following examination, the original decision may be reversed. If the Appeals Officer does not alter the decision, you will be notified in writing.

How long will my appeal take?

In general, appeals will take 8 weeks to process from the date of receipt. Processing times may increase where the provision of additional documentation is requested or a detailed assessment of family rights under the Constitution and the European Convention on Human Rights are required.

Will my documents be returned?

The appeals officer does not guarantee safe delivery of any original documents submitted outside of Ireland. If there are particular documents that you wish to have returned, please provide a list of these documents with your appeal.

Ensure the address to which you wish to have them sent is clearly written.

Please also indicate if you would like the documents sent to your sponsor or nominated reference in Ireland, or returned to you directly. You can arrange for a courier to pick them up on your behalf however you will need to pay for any courier services.

High Court of Ireland - Judicial Reviews of Decisions to Refuse Visa

When considering Judicial Reviews in the Republic of Ireland, the High Court is concerned with how the decision was made and the fairness of it rather than whether it was the correct decision to begin with.

The court is predominately concerned with whether all relevant considerations were taken into account, whether there was any evidence of deceit, fraud or bad faith or whether the body make the decision had the legal capacity to do so.

In order to bring Judicial Review Proceedings an application is made to the High Court, without notice to the decision making body requesting the court for leave (permission) to challenge the relevant decision.

The application must set out the applicable issues and the applicant bears a high onus to disclose all relevant facts at this point.

An application for leave must be made promptly and in any event within three months from the date when grounds for the application first arose or six months where the relief sought is to quash unless the Court considers there is good reason for granting an extension.

In the event that leave is granted, the proceedings are served on the relevant public body and they are given an opportunity to defend the matter.

The case will be decided on the basis of written evidence and generally no oral evidence is submitted. The outcome of successful Judicial Review Proceedings is that the relevant decision is set aside.

CLASSIC GROUNDS FOR JUDICIAL REVIEW ARE:

Breach of Natural and Constitutional Justice i.e. ‘the rule against bias’, and the requirement to ‘hear the other side’; Reasonableness i.e. Did the public authority abuse its jurisdiction? Does their decision offend against fundamental reason and common sense

Legitimate Expectation i.e. of receiving a benefit or privilege which arises either from an express promise given on behalf of a public authority or the existence of a regular practice which an individual can reasonable expect to continue. Proportionality e.g. Are restrictions imposed by legislation in the context of constitutional rights disproportionate and therefore invalid?

If the application for judicial review is successful, there are a number of discretionary remedies:

  • Certiorari i.e. the Court may set aside (quash) the unlawful act.
  • Prohibition i.e. the Court prohibits the public authority from acting unlawfully.
  • Mandamus i.e. the Court compels the public authority to perform a legal duty of a public nature.
  • Damages

There are two stages in proceedings for judicial review; firstly leave to apply for judicial review (ex parte) and secondly, where leave is granted, the substantial application is heard.

Public decisions may be judicially reviewed by the High Court to determine whether they are unconstitutional or illegal.

Appeal Against Visa Denied Decisions in Ireland

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London

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+44 (0) 747 088 0672
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Nigeria Office: 17, Road 5, Sunview Estate, Sangotedo.
Opposite Crown Estate Gate after Shoprite Novaro Mall.

+234 (0) 818 179 0000

Velvet Visas is a trading Name of Velvet Visa Services Ltd. Velvet Visas Ltd is registered in Nigeria at the Corporate Affairs Commission RC Number 1358104

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