Immigration – What if the ECO refuses an application


If after interviewing the applicant the Entry Clearance Officer (ECO) refuses the application a notice in writing will be given to the applicant. The notice will highlight the applicant’s right to appeal the decision to an adjudicator in the United Kingdom.

The applicant has 2 options once an application is refused.

 Appeal the decision
 Make a fresh application

Appeal

The appeal will be heard in the United Kingdom. It must be remembered that the appeal has to be lodged with the Embassy/High Commission where the application was made. Family visitors are one of the few applicants given the right to appeal the decision. The applicant has to be a family visitor as most other visitors are excluded from the right to appeal.

The applicant will be advised in writing by this notice that they will have 28 days from the date of receipt of the notice to appeal the decision of the ECO. In most cases the Embassy/High Commission will give to the applicant a notice with an application form to complete to lodge the appeal.

Applicants should always notify their sponsor in the United Kingdom and send a copy of the notice of appeal. As there is a strict timetable to appeal the notice should be drafted by a legal advisor who will set out grounds of appeal. Appeals on the decision of the ECO takes between 3-4 months from the time that the notice is lodged with the High Commission/Embassy at the port of entry. Readers will recall from the last article, the requirements of an applicant to satisfy the ECO that they are genuine visitors. It is therefore important to obtain additional evidence to deal with the grounds of rejection.

Many applicants from the sub-continent are rejected on family visits because they have not set out clearly in their application their family link to the sponsor who has agreed to sponsor their visits to the United Kingdom. More applications are rejected because the applications have not produced documentary evidence that the sponsor is able to accommodate and maintain them during their family visits to the United Kingdom. Thus the appeal must set out in detail the grounds of appeal with reference to documents that should be lodged with the appeal. An appeal can be made on the grounds that the ECO has made a mistake on the facts and/or applying the law to the facts. It is advisable to make a detailed submission with the appeal as the notice of appeal will be reviewed by the interviewing officer.

The disadvantage of the appeal procedure is that it will take time; between 3-4 months. If a visitor is intending to travel for an occasion on a short notice this would be of no benefit to them.

An applicant can ask for the appeal to be dealt with in writing. This will save the expense of hirin