Appellants seeking admission: VAT22
Published 11 December 2013
© Crown copyright 2013
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1. VAT22.1 Can an appellant seek admission to attend their appeal hearing?
This covers an applicant seeking entry to the UK who has an outstanding appeal because:
- they have appealed against a refusal of entry clearance; or
- they have appealed from abroad against a previous refusal of leave to enter.
Such a person has no right to be granted leave to enter for the sole purpose of attending the hearing. However, the applicant may be granted leave to enter as a visitor where:
- the applicant can satisfy the ECO that only a visit is intended, and
- that the applicant will leave the UK regardless of the outcome of the appeal, and
- that the applicant otherwise qualifies for entry under the Rules.
In such cases, due account should be taken of the likely timescale for any appeal hearing.
2. VAT22.2 Can an appellant with an outstanding appeal seek entry for some other purpose?
This covers an applicant seeking entry to the UK who has an outstanding appeal because:
- they have appealed against a refusal of entry clearance, or
- they have appealed from abroad against a previous refusal of leave to enter.
An appellant who has an outstanding appeal and who seeks entry for some other purpose, may be given leave to enter where they satisfy the requirements of the Rules for that other purpose.
3. VAT22.3 What action should the ECO take if a decision is taken to issue an entry clearance for another purpose?
The ECO should establish whether the appellant still wishes the appeal to proceed. In all cases the outcome of the application should be notified to the appropriate appeals section (or refusing port).