Immigration Corner | Seeking reconsideration

Dear Mr Bassie,

Is there another way of appealing a decision other than the normal formal appeal or administrative review? I was told that there may be another way if the application was made while in the United Kingdom.

- HC

Dear HC,

Persons might be able to ask for the decision on their visa or immigration application to be reviewed if applied for in the United Kingdom. This is known as a reconsideration request. This is not a formal appeal or an administrative review, and persons cannot ask for a reconsideration request if they have a right to an appeal or a review.

Persons can make a reconsideration request if they believe immigration rules or policies were not followed correctly when the decision was made. Persons must be in the United Kingdom to make the request and they can only make a request, if they have applied to: transfer their visa to a biometric residence permit - known as a transfer of conditions (TOC); transfer their indefinite leave to remain to a biometric residence permit - known as 'no time limit' (NTL); extend their leave, switch their visa, or settle in the United Kingdom.

Persons can make a request if the application for TOC, NTL, or leave to remain was successful but it is believed that the type or the expiry date of the leave is wrong. They can also make a request if the TOC or NTL application was refused and if the applicants have any of the following: new evidence about the date of the application; new evidence to prove that the documents were authentic; evidence that information received by United Kingdom Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision.

These are the only kinds of new evidence that can be used. Persons cannot make a request if it relates to any other sort of new evidence that was not received by UKVI before the decision date.

BEFORE MAKING A REQUEST

Persons should read the guidance on reconsidering visa or immigration decisions online and use the information in their decision or refusal letter to decide if they can make a request.

Persons are being reminded that they cannot make a reconsideration request if they have a right of appeal or right to an administrative review against the decision. The decision letter will usually tell a person if he/she has either of these rights.

Reconsideration requests will be rejected if they: make a new application before or after they send the request; have since been given permission to stay in another visa category; left the United Kingdom and their permission to stay has expired; were removed or deported from the United Kingdom; have already exhausted appeal rights or lost the case in a judicial review; need to make an appeal or apply for an administrative review instead of making a reconsideration request.

Persons may make a request by writing a letter saying why they think the decision was wrong. They should refer to the rules or policy under which they applied. Persons can check the guidance for the application online to find the right rules or policies. In addition, they should send their request to the team who made the decision on the original application.

Persons must make their request as soon as possible and it should be no later than 14 days after they have received the decision on their application. Please be aware that a reconsideration request can only be made once.

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com