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- Appeals
How to make an appeal
If you are refused a visa the UK Border Agency will send you a
refusal notice which states if you have the right of appeal and
how to make an appeal. The
UK Border Agency has produced guidance explaining who has the
right of appeal which can be found on the UK Border Agency
website.
Where to send appeals
You may send appeals to either:
Asylum and Immigration Tribunal
PO Box 7866
Loughborough
LE11 2XZ
or
UK Border Agency
British High Commission
Pretoria
PO Box 13611 or 13612
Hatfield, 0028
Please do not send your appeal to both addresses.
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.
Where can I get independent advice?
You can contact the Immigration
Advisory Service. The Immigration Advisory Service is a voluntary
organisation independent of government that can provide confidential
advice for you and your representatives.
The Immigration Advisory Service can help you decide whether or
not to make an appeal. It can also represent you at a hearing.
You may be entitled to have your representative paid for by the
Legal Services Commission's Community Legal Service (CLS). To
find out if you qualify for this funding pleas contact:
Legal Services Commission
85 Gray's Inn Road
London
WC1X 8TX
United Kingdom
Telephone (+44) (0) 845 608 1122
Please do not send your appeal to the Legal Services Commission.
You should always send your appeal to Immigration Advisory Service
or to the UK Border Agency at the British High Commission where
your visa application was refused.
What happens if I win my appeal?
The UK Border Agency at Pretoria 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 South Africa.
It can take several weeks before this arrives with the visa officer
at Pretoria.
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 Pretoria. 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: pta.visaenquiries@fco.gov.uk
- this is our preferred and the most efficient form of communication
Fax: (+27) 12 4217888
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.
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