In the past, you had options to consider against your UK visit visa refusal. Changes in the law have whittled down your options to only a reapplication and done away with Entry Clearance Manager’s (ECM) review. However, you may also appeal against your refusal on human rights ground, but this can only be asserted if you have specifically made a human right claim in your application.
Entry Clearance Manager’s Review
Prior to April 2015, you could apply for a review of your refusal the consular post. This review was considered by an Entry Clearance Manager (ECM) who had the power to review anEntry Clearance Officer’s (ECO)decision on grounds of law or fact.However this review application was quite limited. To succeed, you had to establish that the ECO made an error of law or fact, or misinterpreted a relevant law.
Let us assume that the ECO refused your application on the ground that you failed to provide sufficient evidence to show that you will be adequately maintained in the UK. In support of the decision they stated that your bank balance of GHC 6,000.00 was not sufficient to adequately maintain you for the duration of your stay. However, the said balance was £6,000.00 and not GHC 6,000.00 erroneously quoted by the ECO. In such a case you could simply apply to the ECM to review the decision on the basis of an error of fact without having to pay a visa fee.
If the ECM refused your application for a review they will advise you to make a new application.If they decided to review your decision they will inform you to bring your passport for a visa to be issued.Sadly this remedy died in April, 2015 and is no longer available against a visit visa refusal.
Reapplication
The only option now (save an appeal on human rights ground) against your visit visa refusal is to make a new application. You will complete a new application form and pay a visa fee. If you are refused a visa after April 2015you will be informed on your Notice of Refusal that your reapplication will be refused unless you are able to establish a significant change in your personal circumstances or provide compelling new evidence with your application.
- Significant change in personal circumstances
To succeed in your reapplication you must show that there has been a significant change in your personal circumstances since your previous application. The Immigration Rules interpret personal circumstances to include the credibility of your plans for the visit, your family, social and economic background, previous immigration history, personal ties to your home country, etc.
To succeed in a claim of a change in your personal circumstances, we advise that you allow some time between your refusal and your next application. The idea is that since your personal circumstances cannot change overnight there has to be a reasonable time between the time of your refusal and your next application. What is a reasonable time is quite relative and may depend on the circumstances of each application. In our view, a minimum of six months may be sufficient time for you to make a case for a change in your personal circumstances.
- Compelling new evidence
The other leg for making a reapplication is to provide compelling new evidence with your next application.
Unfortunately, “compelling new evidence” is not defined by the Immigration Rules or any of the published guidance. In our view evidence is compelling if applied to the facts could lead the ECO to exercise a different discretion.
In a number of cases evidence may be documentary. However, this may not always be so. In some cases a reference to an error of law or fact made by the ECO may not be supported by documentary evidence; yet the ECO may grant the visa if you are able to prove the claimed error.If you have compelling new evidence you may reapply at any time after your refusal, provided you are able to establish the compelling nature of the evidence.
Conclusion
Changes in the law have adversely affected the remedies that previously existed against a visit visa refusal. It is, therefore, advisable to prepare a good application at the outset to increase your chances of being granted a visa rather than expend valuable time and resources on a reapplication which may turn out ultimately to be a wild goose chase.
By Emmanuel Opoku Acheampong
Disclaimer: This article only provides general information and guidance on UK immigration law. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.The writer is an Immigration law advisor and a practicing law attorney in Ghana. He advises on U.S., UK, and Schengen immigration law. He works part-time for Acheampong & Associates Ltd, an immigration law firm in Accra. He may be contacted on acheampongassociatesgh@gmail.com
Source-myjoyonline.com
