What Do You Do if Your Application is Rejected?

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Quick Summary

Why Apply for a Reconsideration?

Your case has been refused. You are disappointed, naturally, and your plans for Hong Kong have been dealt a severe body blow. So what can you do? The answer is to apply to have the decision to refuse your application reconsidered by ImmD but, be warned, it is an uphill struggle – and you only get one good shot at it, so you had better make it count.

Grounds for a Reconsideration

ImmD will only entertain an application for a reconsideration of a decision to refuse an application if there is significant additional, new information adding weight to the original application or relevant and important new facts which have come to light since the refusal – with comprehensive verifying documentation to support.

What Does All this Mean?

It means that you need to be ready to further argue your case stridently and have the bullets ready to fire in support. Emotional appeals are fruitless; as are a collection of mere testimonials from your consulate or chambers of commerce.

How Do I Figure Out What Has Gone Wrong?

There are typically five key underlying reasons why cases get denied. It could be that the case was destined to fail from the get go as the applicant was incapable of passing the approvability test applicable to the visa type applied for. It might be that the case was very poorly put together or incorrectly argued. Often times, applicants are unable to come up with critical supporting documentation required by ImmD or other specific information requests are not adhered to. Finally, if the applicant has a poor immigration record in Hong Kong the Immigration Department could be minded not to afford the applicant the privilege of residence.

Submitting Your Reconsideration Application

You should submit your application bundle for the Reconsideration in the same way as you submitted your original application. If you are a Visitor in Hong Kong, ImmD will not afford you an interim extension to your current period of stay pending the finalisation of the Reconsideration process and notification of the outcome.

Further Appeal

You can apply under s 53 of the Immigration Ordinance for the review of a decision of a public officer or seek the direct intervention of the Chief Executive if there is a matter of significant pubic interest at issue.