UK Visa Refused? Appeal and Judicial Review Experts
What You Need to Know
Since 2013, the United Kingdom only considers visa rejection appeals on the grounds of human rights. For instance, if the rejection of your visa application involves human rights like ‘the right to family life’ then your appeal against visa rejection will be considered. However, if you find the reasons for rejection unacceptable, and your application does not involve human rights – it’s time for a judicial review.
Judicial review should be your last resort when there is no other remedy. Rather than reevaluating your application, a judicial review will inspect whether the law was applied correctly and due process followed in handling your application. You cannot submit any new evidence or document at this point, and you can only apply for a judicial review within 3 months of your visa rejection.
Our leading immigration experts are well versed with the immigration rules to ensure that applications are executed properly every time. If there are any issues, detailed representations can be made to mitigate the circumstances.
If you are inside the UK and your application for extension of stay has been refused, you can appeal to the First Tier Tribunal against the refusal of said application within 14 days of the date the refusal letter was sent to you by the Home Office, UK Visas & Immigration (UKVI).
If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO), you can appeal to the First Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.
On the occasions where clients have consulted with our team after their visa has been refused, our immigration team have been able to assess their situation and consider their options relating to challenging a decision by appealing to the First-tier Tribunal or thereafter to the Upper Tribunal.
Applications should be made to the First Tier Tribunal within 28 days if you are outside the UK and within 14 days if you are inside the UK. You can ask for an application for permission to appeal to the Upper Tribunal on the grounds that the Immigration Judge at the First Tier Tribunal who determined the appeal made a material error of law. If your appeal is successful then the Home Office can make similar application to the First Tier Tribunal on the grounds that the Immigration Judge made a material error of law in determining the appeal. If your application to the First Tier Tribunal for permission to appeal has been refused by the First Tribunal, you can make another application to the Upper Tribunal for permission to appeal to the Upper Tribunal within 28 days if you are outside the UK and within 14 days if you are inside the UK.
Needless to say, the UK Immigration Rules on visa applications can be quite complex to understand. Our immigration team understand that this can be a very stressful time in a migrant’s life especially when they have to consider the impact the refusal will have on their business, work and family life. Time and time again, our immigration experts consult with clients who require an urgent appeal to be lodged.
If your visa has been refused by the UKVI and you want to consider your options of challenging the Home Office decision, please contact our immigration solicitors.
How Can We Help?
At Atlas Law Solicitors, we understand the inconvenience caused by visa refusal. We use all our knowledge and experience to help our clients file an appeal or opt for a judicial review of their visa application. We treat every case individually, according to its merits and complexities.
Some cases simply require reapplication while others may need letters written to the Home Office and ultimately opting for a judicial review. In some instances, the Home Office reconsiders its own decisions once they realise you are going for a judicial review.
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