What Are Your Options After an Immigration Refusal in Kenya?
Receiving a refusal of a Kenya work permit, eTA, special pass or other immigration application is frustrating and can have serious personal and commercial consequences. It is important to understand that a refusal is not necessarily final. Depending on the circumstances, there may be a right to request reconsideration, to submit a fresh and improved application or to seek judicial review of a decision that is legally flawed.
Administrative Reconsideration
Where a permit or immigration document is refused, the applicant may request that the Director of Immigration reconsider the decision. This is an administrative process rather than a formal appeal. Reconsideration is most effective where the original application was refused on the basis of missing documents, inconsistencies that can be corrected or misunderstandings about the nature of the application.
A reconsideration submission should squarely address the stated grounds of refusal, provide any missing documentation, correct any inaccuracies and present a clear and organised case. Simply resubmitting the same application without addressing the grounds of refusal will generally produce the same result.
Fresh Application
In many cases, the most practical route after a refusal is to prepare and submit a fresh, strengthened application rather than pursuing reconsideration of the original. A fresh application allows the full documentation to be revisited and the application to be restructured in light of the refusal.
Judicial Review
Where a refusal or cancellation of immigration authority is made unlawfully — for example, where due process has not been followed, where there is an error of law, or where the decision is plainly unreasonable — an application for judicial review may be made to the High Court of Kenya. Judicial review is a supervisory remedy focused on the lawfulness of the decision-making process rather than the merits of the immigration application itself.
Judicial review in immigration matters requires specialist knowledge of both administrative law and immigration law. WKA Advocates advises on the merits of judicial review applications in immigration matters and represents clients before the High Court where appropriate.
Entry Refusals at the Port of Entry
A foreign national refused entry at a Kenyan port of entry has very limited immediate remedies. The most effective approach is to contact legal counsel immediately so that submissions can be made to the immigration authority as quickly as possible. WKA Advocates provides urgent immigration advice in time-sensitive situations.