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- Appeals & Administrative Review
You will find information on this page about the appeals process
and the administrative review process.
Your refusal notice will specify which right of appeal, or right
of administrative review applies to your application. Applicants
with the right of appeal, or right to an administrative review
are informed in the notices that will be sent to them.
Appeals
You must make your appeal to the Asylum and Immigration Tribunal.
You can do this by either:
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Sending your appeal forms directly to the Asylum and
Immigration Tribunal (Asylum and Immigration Tribunal, PO
Box 7866, Loughborough LE11 2 XZ, United Kingdom) or |
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Sending your appeal forms to the UK Border Agency at the
British Embassy in Kyiv (4 Glybochytska Street, Kyiv, 04050,
Ukraine, Fax: +38(0) 44 494 3418) who will forward your
appeal to the Asylum and Immigration Tribunal. |
Please note: You cannot send your appeal to both the Asylum
and Immigration Tribunal and the UK Border Agency - you can only
send your appeal to one place. If you plan to send your appeal
to the UK Border Agency, please check that your sponsor has not
already lodged the appeal for you. If they have, you must not
send the appeal form again.
How long does the appeals process take?
When the Asylum and Immigration Tribunal receive your appeal form,
they will write to you to let you know the date and time of the
hearing. The UK Border Agency has no control over when your appeal
will be heard. It can take some time and depends on a number of
things. This can include the type of case (visitor, settlement)
and whether you have asked for the case to be heard orally, so
your sponsor can give evidence. Visitor appeals are usually heard
within 6 months of being lodged; for other categories, including
settlement, it can take up to 9 months.
What happens if I win my appeal?
The UK Border Agency at at the British Embassy in Kyiv will aim
to write to you within 3 weeks from the date they receive the
immigration judge's reasons for allowing your appeal (called the
determination). We will not write to you and cannot process
your case until we get our copy of the determination from official
sources. All determinations are sent from the Asylum and Immigration
Tribunal to the UK Border Agency in the United Kingdom, who then
send it to Ukraine. It can take several weeks before this arrives
with the visa officer at the UK Border Agency in Kyiv.
You should allow at least 6 weeks from the date, you or
your representative, received your copy of the determination before
you contact the UK Border Agency at at the British Embassy in
Kyiv. Please do not contact us before this time. If you have not
heard from us after 6 weeks of receiving your determination, please
contact us in the following ways:-
Email: britvisa.kyiv@fco.gov.uk
- this is our preferred and the most efficient form of communication
You must:
- Mark your correspondence 'Appeal Allowed'
- Include your application reference number (on the original
refusal notice)
- Your appeal reference number (top right hand corner of the
determination letter)
- The name of the place in the UK where your appeal was heard
(top left hand corner of the determination)
Please note: To save you time and money - do not contact
the Asylum and Immigration Tribunal or the Immigration Enquiry
Bureau about your appeal after you have received your determination.
They will not be able to issue you with a visa or deal with
your enquiry.
Information on the UK
Border Agency appeals policy can be found on the UK Border
Agency website.
Administrative Review
Can I appeal if my points-based system application is refused?
A refusal under the points-based system does not attract a full
right of appeal. All points-based system visa applicants can
apply for an administrative review, which is a mechanism for
reviewing refusal decisions.
How to make an administrative review
If we refuse your visa application and you think that an error
has been made, you can ask us to check our decision. This is
known as an administrative review. The administrative review
is free of charge. You must ask for an administrative review
within 28 days from the date you receive the refusal notice
(GV51).
Administrative review request notice
You must complete the Administrative
Review Request Notice in full and send it directly to the
address stated on the request notice. You must not send
any additional documents such as a passport, travel document
or supporting documents with the administrative review request
notice. If the refusal is subsequently overturned, you will
be asked to send in your passport/travel document. You can only
request one administrative review - it cannot be reviewed again
if the original decision on your application is upheld . Any
further review requests for the same refusal decision will not
be accepted and will be returned to you.
The administrative review should be completed within 28 days
and you will be notified of the result in writing. The result
of the review may be sent from a different UK Border
Agency address to where the original decision was made, this
is to ensure that the review is independent.
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