If your application is refused, you will receive a written notice
clearly explaining the decision, which will also tell you what
right you may have to appeal against that decision. Your refusal
notice will tell you how to do this.
If you want to exercise a right of appeal you should send your
completed appeal forms by post to Asylum and Immigration Tribunal,
Tribunals Group Customer Service Centre, PO Box 7866, Loughborough,
LE11 2XZ. Fax: +44(0) 1509221699
Or by returning them to the UK Border Agency at the British Embassy
in Kuwait
How long does the appeals process take?
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.
The UK Border Agency in Kuwait will aim to write to you within
3 weeks from the date we receive the immigration judge's reasons
for allowing your appeal (called the determination). We will not
write to you and cannot process your visa 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 the Kuwait.
It can take several weeks before this is received by the visa
officer in Kuwait.
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 in Kuwait. Please do not contact
us before this time.
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.
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 the UK Border Agency at the British Embassy in Abu Dhabi refuse
your visa application and you think that an error has been made,
you can ask the UK Border Agency at the British Embassy in Abu
Dhabi to check their 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).
You must complete the Administrative
review request notice 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.
