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 right of appeal against the refusal, such 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 to within 14 days.
Accordingly an (permission) application is 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) to 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 permission 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 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 UK Visa Consultants can help you with your Judicial Review Application?
Our team of UK Immigration Lawyers and Barristers in the UK has full experience & qualifications and they are experts in dealing with Judicial Review applications against refusal of family visitor visa application.
These UK Immigration Lawyers and Barristers in London shall provide you with best possible advice / consultation and accordingly shall prepare your application and other immigration matters. After consultation, if you want us to start preparing your case, you can expect the followings from UK Visa Consultants;
- We keep information of our clients confidential and safe,
- Our team of UK Immigration Lawyers & Barristers shall discuss your family visit matter in length and advise you on the required documents and other requirements of UK Immigration Rules,
- Our team of UK Immigration Lawyers & Barristers shall inspect your documents very carefully and advise you if further documentation could strengthen your case,
- Accordingly, our team of UK Immigration Lawyers & Barristers will complete relevant application form/s and make detailed representations (a detailed covering letter) addressed to the relevant Home Office, Entry Clearance Officer (ECO) and, as the case may be, to the Court. This may enhance your chances of success tremendously,
- Our team of UK Immigration Lawyers & Barristers is well equipped to advise you on the implications of the decision on your application and accordingly an appeal or judicial review application can be made,
- It will be our aim to keep you posted at all material times during pendency of your matter
- Our fees are competitive and we only charge for the work that is being carried out,
- We shall give you estimate of the fees involved from the beginning and we shall never surprise you with hidden charges.
UK Refusal Decision – UK No Right of Appeal
Even though there is no Right of Appeal against the refusal of a visit visa UK application, the decision can still be challenged within 90 days of the refusal by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber (UTAIC) or in the UK High Court. A pre-action protocol is served on the Entry Clearance Officer (ECO) or the Home Office before initiating a Judicial Review application. The Process is complex but our team in UK is an expert and can certainly sort out these matters for you.