Challenge UK Visa Refusal Decision – What is UK Judicial Review and JR Procedure

Challenge UK Visa Refusal Decision – What is UK Judicial Review and JR Procedure

UK Visa Consultants
Aug 26, 2019

UK Visa Application Categories

The UK, like any other country, has its own set of Immigration Rules, Laws, and Home Office policies which are required to be met in order to make a successful UK Visa Application. Different UK visa categories serve different purpose e.g. General Visit Visa UK, Family Visit Visa UK, Business Visit Visa UK, Entertainer Visit Visa UK, PLAB Visa UK, Sports Visit Visa UK, Private Medical Treatment Visa UK, Tier 1 Entrepreneur Visa UK, ILR for Tier 1 Entrepreneur Visa UK, Tier 5 Creative & Sporting Visa UK, Tier 5 Religious Workers Visa UK, Sole Representative of Overseas Business Visa UK and Spouse Visa UK, etc. A considerable number of UK visa applications from Pakistan are refused due to a lack of understanding of the UK visa application requirements. Apart from the Spouse visa the UK and EEA Family permit the UK, all other visa categories having no right of appeal disheartens the visa applicants, leaving them perplexed as they already have tried to fulfill all the UK visa requirements from their end. As a result, applicants apply for a different visa category in hopes of getting UK entry clearance without addressing the underlying cause of their previous refusal for e.g. an applicant applying for Business Visitor Visa UK after being refused a General Visitor Visa. The applicants spend hefty UK visa application fees and yet to no avail.

What to Do If UK Visa Application Is Refused Without a Right of Appeal

UK Visa refusal decision, where the visa officer or in other words entry clearance officer ECO has not granted a right of appeal, could be sent for a Judicial Review in the UK. After the first failed attempt, applying for a different UK visa category without complete knowledge of UK visa requirements could land you with another refusal. The remedy to the situation is to hire an experienced UK immigration lawyer to handle your UK visa application professionally. In case of a UK visa refusal decision; the decision could be challenged even having no right of appeal. Not many UK visa consultants in Lahore Pakistan are properly equipped with knowledge of the UK Immigration Laws relating to visa refusals. We at UK visa consultants are UK Immigration lawyers in Pakistan and can challenge the visa refusal through preparing a Pre-action Protocol letter (PAP), which is the first step to challenge UK visa refusal.

What Is UK Judicial Review

Little do UK Visa Applicants know that a UK visa application refusal could be challenged by way of a Judicial Review in the UK Upper Tribunal court within 3 months of the date of refusal decision if there was no right of appeal against UK visa refusal? This is to keep in mind that 3 months period starts from the date on the UK visa refusal decision letter and not when the refusal decision letter was received by the Applicant.

Process of Judicial Review in the UK

A Judicial Review in the UK is a legal process where the decision of ECO (Entry Clearance Officer) is challenged before a judge if the applicant considers the application being refused on unreasonable or unlawful grounds. The Upper Tribunal of Immigration and Asylum Chamber (Upper Tribunal) then decides on the application after assessing the merits. In other words, it is an opportunity for the applicant to get the refusal decision reconsidered for approval.

After the UK visa application is refused and no right of appeal is granted by the ECO, the decision could be challenged within 3 months of the date of refusal. However, a pre-action protocol notice PAP has to be served to the UK Home Office in the UK to initiate litigation against the refusal decision. The Home Office usually responds to that notice within 14 days. Further to that, an application can be made to the Upper Tribunal in the UK to grant permission for a Judicial Review.

Upper Tribunal Judicial Review (JR) court fee for permission application is £154. The court decides, on paper, whether the UK visit visa refusal decision or any other refusal is correct or not. The Upper Tribunal could accept or reject the grant for permission without a court hearing. In case, the permission of grant for Judicial Review in the UK is refused by the Upper Tribunal, the applicant can make an application for renewal of permission for Judicial Review within 7 days of the first decision by the Tribunal and submit a further £385 for an oral hearing of permission application. The Upper Tribunal would then consider the application for a court hearing for the permission to be granted or refused.

In case the Court finds the UK refusal decision is decided incorrectly by the UK visa officer, the Upper Tribunal of Immigration and Asylum Chamber shall order a substantive hearing and give the applicant and Home Office opportunity to argue their case once the applicant has made another payment of further court fee of £385. In case the applicant then wins, the Court quashes the earlier decision and then the Relevant British High Commission makes a fresh decision.

Why Hire UK Visa Consultants For Judicial Review In The UK?

We take pride in our UK Immigration services:

Our UK immigration lawyers and barristers are highly experienced and fully equipped in providing complete assistance for Judicial Review in the Upper Tribunal.

We have experience of over 15 years when it comes to challenging visa refusals. We are a team of expert and credible immigration lawyers who provide authentic advice on application preparation, relevant documentation, and full representation in UK Judicial Review challenges.

We provide assistance for different visa categories such as UK General Visit Visa application, UK Family Visit Visa application, UK Business Visit Visa application, PLAB Visa application, Private Medical Treatment Visa application for UK, UK Tier 1 Entrepreneur Visa application, Sole Representative of Overseas Business application UK, and UK Spouse Visa application, etc.

UK Visa Consultants evaluate the merits of your application and examine the chances of success of your application or challenge against the refusal decision.

We at UK Visa Consultants discuss your matter at length to assess the grounds of the right of appeal if you have been given a right of appeal against the refusal decision.

We keep our client’s confidentiality while providing an authentic solution.

Any refusal decision is not a final verdict on your application for a UK visa from Pakistan. It could still be challenged even having no right of appeal with the expertise of an expert Immigration Lawyer in Lahore Pakistan. Contact UK Visa Consultants for full representation for Judicial Review in the UK.