Appeal against visa refusal

THE visa appeal system is available in almost all countries of the world. In Bangladesh, per day approximately 5000 visa applications are filed in different Embassies or High Commissions. On the other hand, almost 90% visa applications are refused and the applicants get the right to file Visa Appeal. But for the lack of information and ignorance about the laws, most of the people do not go forward to file Visa Appeal. On the other hand in Bangladesh, the different visa processing service providers are led by non-lawyers. So, the clients do not get proper legal advice regarding immigration laws. In the western world, the immigration services are provided by skilled lawyers but in Bangladesh it is mainly controlled by some brokers, agents, Travel Agencies and illiterate people.

However some concepts regarding Visa Appeal is being submitted below:

Do you have right of appeal: When the visa application is refused, most of the embassies issue a refusal letter. In the last part of refusal letter, the right of the visa appeal is mentioned. But in some cases, the applicant may get the right of "Review" especially in UK visa refusal letter.

Know the ground for rejection: Then the applicant must scrutinise the grounds of refusal of visa application which is mentioned in the visa refusal letter. Most of the embassies or High Commissions as UK, Sweden, France, Italy, explain the grounds for visa refusal. But it has been a bad practice by some EU countries that they use a common format of refusal letter.

Know the court: It is very important to know the court for filing Visa Appeal. It can be sent by Post. Every country establishes own courts for dealing Visa Appeal cases such as for UK, the First Tier Tribunal, for Sweden , Migration Court of Gothenburg etc. The appeal can also be filed in Local Embassy/High Commission in ordinary way but success rate is very low.

Know the law: In case of Visa Appeal, the appellant/applicant should try to know about the relevant laws regarding foreign immigration. Without lawyer, it is tough for ordinary people to know about the legal process.

Prepare the appeal petition: After doing previous works, the appellant should prepare Visa Appeal Petition by himself or lawyer. If the lawyer files Visa Appeal, he/she has to prescribe his details and enclose a lawyer appointment letter or power of attorney. In the appeal petition, the appellant must prescribe all the grounds that why he/ she will be entitled to get visa. In some countries, English language is not accepted such as France.

Send it in time: After preparing the Visa Appeal you have to send it within the stipulated time. Suppose for UK, the Appeal should be submitted within 28 calendar days.

There are also many grounds which vary from case to case. If the people of Bangladesh are concerned about immigration laws, they will be able to overcome maximum immigration related problems.

THE WRITER IS AN ADVOCATE, DISTRICT AND SESSIONS JUDGE COURT, DHAKA.