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Family Visitors Loss of Appeal Rights

Written by: Keoghs Solicitors

Date: 3rd September 2013

Since the 25th June 2013, new applications made by family members to come visit relatives in the UK on holiday have no longer attracted a full right of appeal when refused. This means that if the application is refused, the decision can only be challenged on limited grounds and most people will no longer be able to challenge the decision in the Tribunal.

What does this mean for me?

In most cases, where the visa application is refused the only option will be to submit a further application addressing the reasons given in the first refusal letter. Unfortunately, where somebody has been refused under the General Grounds for refusal, this is not something which would be available to them. Despite the insistence that the Entry Clearance posts will consider each application on its merits, an earlier refusal has too often resulted in future applications reaching the same outcome.

For some people, there may be a valid ground of appeal even on the limited basis now permitted. Usually it will be cases whereby there is a reason why the family in the UK are not able to travel abroad and as such, there will be a disproportionate interference with the applicant’s family life, as a result.

What can we do to help?

Here at Keoghs Nicholls Lindsell and Harris we have an experienced immigration team used to dealing with entry clearance matters at all stages. We can assist in making sure than the initial application meets all the requirements for a visit visa to be granted. Where an application has been refused, we can advise on the merits of lodging an appeal with the Tribunal on Human rights grounds and providing representation at the Tribunal.

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