If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO), you can appeal to the First Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.
If you are inside the UK and your application for extension of stay in the UK has been refused, you can appeal to the First Tier Tribunal against the refusal of such application within 14 days after the date the refusal letter was sent to you by the Home Office.
If your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First Tier Tribunal, you can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal. Such application should be made to the First Tier Tribunal within 14 days if you are inside the UK and within 28 days if you being the appellant are outside the UK. An application for permission to appeal to the Upper Tribunal is made on the grounds that the Immigration Judge at First Tier Tribunal who determined the appeal made a material error of law in determining the appeal. If your appeal has been allowed, the Home Office, UKVI can make similar application to the First Tier Tribunal on the grounds that the Immigration Judge made material error of law in determining the appeal.
If your application to the First Tier Tribunal for permission to appeal has been refused by the First Tribunal, you can make another application to the Upper Tribunal for permission to appeal to the Upper Tribunal within 14 days if you are inside the UK and within 28 days if you are outside the UK.
If an application for permission has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal will list the matter for appeal hearing to decide whether or not the Immigration Judge made a material error of law and whether or not the original decision of the Immigration Judge should be set aside.
If the Upper Tribunal dismisses your appeal, you can then file an application to the Upper Tribunal for permission to appeal to the Court of Appeal. If the Upper Tribunal refuses such application, you can make another application to the Court of Appeal itself for permission to appeal to the Court of Appeal. If permission is granted, the court of appeal will hear the appeal and decide the appeal.
A refusal of PBS application from inside or outside the UK can be challenged by way of a request for an Administrative Review.
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Harris and Green Solicitors have recently extended their services to include family law. Although we are family law solicitors in Leeds, we don’t just cover the Leeds area. Our family law clients are national and span the whole of the UK.
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