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.
Judicial review (JR) – Pre-action protocol
Judicial review (JR) is the process during which judges examine the decisions of public bodies and consider whether the law has been correctly followed.
It is important to stress that JR is not a re-run on the merits of the decision – judges confine themselves to considering whether the decision being challenged was lawful, and complies with the principles of public law. The potential grounds for JR are outlined below.
If a JR claim is successful the usual result is that the decision is “quashed” or nullified and has to be taken again. While this means that the public body can take exactly the same decision again, the need to follow proper procedure means that, in practice, at least a better – and often a substantively different – decision results.
JR can be an expensive and time-consuming process but it often the last mechanism people have for checking the abuse of power within Government and public bodies. It is therefore crucial for upholding the rule of law. JR is most effective when it forms part of a focused campaign to raise public awareness about issues of either significant local concern or wider public interest.
Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.
Examples of the types of decision which may fall within the range of judicial review include:
• Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
• Certain decisions of the immigration authorities and the Immigration and Asylum Chamber;
• Decisions of regulatory bodies;
• Decisions relating to prisoner’s rights.
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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