November 13th, 2014 11:01 EST
Visa Appeal: The Important Part of Immigration
VISA APPEAL : THE IMPORTANT PART OF IMMIGRATION
Sometimes it may be thought what is visa appeal? or Is there any case as "Visa Appeal"?. The answer will be "Yes". Actually 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:
1. 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.
2. KNOW THE GROUND FOR REJECTION: Then the applicant must scrutinize 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 , Spain explain the grounds for refusal visa. But it has been a bad practice by some EU countries that they use a common format refusal letter.
3. 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.
4. KNOW THE LAW: In case of Visa Appeal, the appellant/application should try to know about the relevant laws that means foreign immigration laws. Without lawyer, it is tough for ordinary people.
5. 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 grounds that why he will be entitled to get visa. In some countries , English language is not accepted such as France.
6. SEND IT IN TIME: After preparing the Visa Appeal send it in time. Suppose for UK, the Appeal should be submitted within 28 calendar days.
----There are also many grounds which are depended case to case. If the people of Bangladesh are concerned about immigration law , they will be able overcome maximum immigration related problems.
Md Mahmudul Hasan
Corporate & Immigration Lawyer
Advocate, District and Sessions Judge Court, Dhaka
Mobile: +88 0173 0300443
Eastern Mansion (14th Floor), Room No: 06
Road: 67/9 Kakrail (Opposite of NBR)