Dealing with a refusal
Produced in partnership with Rowena Moffatt of Doughty Chambers

The following Immigration practice note produced in partnership with Rowena Moffatt of Doughty Chambers provides comprehensive and up to date legal information covering:

  • Dealing with a refusal
  • Rejection or refusal
  • Appeal or administrative review
  • Section 3C leave considerations
  • Initial steps—fact finding and reviewing the decision
  • Re-apply
  • Consider alternative immigration routes
  • Put on record disagreement with a refusal
  • Consider submitting informal representations
  • How to draft and submit representations
  • More...

Dealing with a refusal

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note covers suggested immediate steps to undertake where your client has received a refusal notice from the Home Office in relation to an immigration application. The same general principles apply to applications submitted in the UK and overseas, with some differences in possible approaches detailed below. Note that there has been a Home Office policy in existence since 13 November 2012 which purports to end any consideration of requests to reconsider negative decisions on most in-country applications made after that date (outside of the administrative review and appeal procedures).

For details on substantive points of eligibility and as to whether or not a right of appeal or administrative review (AR) mechanism exists, see the relevant Practice Notes which cover applications in the immigration category applied for. The appropriate form of legal challenge (if one exists) should be

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