Challenging Refusal | Judicial Review
The Upper Tribunal of Immigration and Asylum Chamber (Upper Tribunal) decides applications for Judicial Review of entry clearance officers. Where the Entry Clearance Officer (ECO) has refused a UK visa application for entry clearance and has not granted the right of appeal against the refusal, such UK visa refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal. However, a Pre-Action Protocol notice must be sent to the Home Office in the UK to which they normally respond within 14 days and it can be done by our UK Visa Consultants.
Accordingly, (permission) application made on papers to Upper Tribunal which may accept or refuse the grant permission on papers and without a court hearing.
Should the paper application (for permission) apply for Judicial Review (JR) is refused by the Upper Tribunal, the applicant can then make an application for renewal of permission for Judicial Review (JR) within 7 days for the permit application to be decided after a court hearing. The Upper Tribunal will list the matter for hearing and the permission will be granted or refused after the court hearing.
If the permission is granted either at the stage of application on papers or after the hearing in the court, the Judicial Review (JR) will then be listed for substantive hearing and the Upper Tribunal will decide whether or not the decision of the Home Office or the ECO is in accordance with the law. Bottom of Form
It is important to note that the applicant may be held responsible for the Costs of the home office/entry clearance officer if the application is unsuccessful.
How UKVisaConsultants can help you with your Judicial Review Application?
Our UK Visa Consultants and Barristers in the UK have full experience & qualifications and they are experts in dealing with Judicial Review applications against the refusal of family visitor visa applications.
These UK Immigration Lawyers and Barristers in London shall provide you with the best possible advice/consultation and accordingly shall prepare your application and other immigration matters. After a consultation, if you want us to start preparing your case, you can expect the following from UK Visa Consultants
UK Refusal Decision – UK No Right of Appeal
How Does a Review Application Work?
Whether or not, you can appeal depends on whether you have given the right to appeal. This can found in the refusal letter through which you are notified. The home office generally gives you the right to appeal if your application has been refused on the basis of one of the following reasons.
Therefore, If you are deciding to go for a UK visa refusal appeal or to reapply, you can go for the former if you have the right to appeal and for the latter if you have not been granted the
right to appeal.
Steps of Appeal Against the Decision
As a first step of the UK visa refusal appeal, if you are appealing against the decision of the home office from inside the UK to the Immigration and Asylum Chamber, you are
required to send a notice to the Tribunal within 14 days. If you are doing so from outside The UK, then you required to send notice to a tribunal within 28 days.
Your appeal will heard in first-tier tribunal where the judge will review your application. If you receive positive feedback from the judge, you will be notified within 3 to 4 weeks about the decision and the home office will retract their decision. On the other hand, if your appeal is not successful, you can appeal to the higher
tribunal. However, whether you can appeal to the higher tribunal depends on whether
you have granted the right to do so.
Most UK visitor visa refusal appeals are successful on this step and appealing to the higher tribunal is not needed.
In the situation that there is no success after appealing to the upper tribunal, you can apply for a judicial review.