Why Choose Our UK Visa Appeal & Judicial Review Services?
UK Visa Appeal and Judicial Review - 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 invokes human right such as ‘the right to family life’ then your appeal against visa rejection will be considered. Not all visa application invokes human rights. If you do not find the reasons for rejection acceptable, and your application does not invoke human rights –it is time for judicial review.
Judicial review should be your last resort when there is no other remedy. A judicial review will not revaluate your application but rather 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. Further, 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 and 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 in the UK has been refused, you can appeal to the First Tier Tribunal against the refusal of such application within 14 days after 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.
You can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal, If your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First Tier Tribunal.
Application should be made to the First Tier Tribunal within 28 days if you being the appellant are outside the UK and within14 days if you are inside the UK and. You can ask for an application for permission to appeal to the Upper Tribunal is made on the grounds that the Immigration Judge at First Tier Tribunal who determined the appeal made a material error of law in determining the appeal. 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 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 and
If the Upper Tribunal dismisses your appeal, you can then file an application to the Upper Tribunal for permission to appeal to the Court of Appeal. If the Upper Tribunal refuses such application, you can make another application to the Court of Appeal itself for permission to appeal to the Court of Appeal. If permission is granted, the court of appeal will hear the appeal and decide the appeal.
The UK’s 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. Our immigration experts time and time again consult with clients who require an urgent appeal to be lodged.
If you have had a visa application refused and wish to consider your options of challenging the Home Office’s decision, please contact a member of our dedicated immigration team so we can arrange for you to meet with an experienced immigration solicitor who can consider your options with you.
How Can We Help?
At Atlas Law Solicitors, we understand the inconvenience caused by visa refusal. Therefore, we put 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 different according to its merits.
Some cases simply require reapplication while others may require writing letters to the Home Office and ultimately opting for a judicial review. In few instances, the home office reconsiders its own decisions after they get to know that you are going for a judicial review.