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 UK to which they normally respond within 14 days and it can be done by our ukvisaconsultants.
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 UKvisaconsultants and Barristers in the UK has full experience & qualifications and they are experts in dealing with Judicial Review applications against the refusal of family visitor visa application.
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 followings from UKVisaConsultants;
- We keep information about 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, and make a successful visa application
- 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 UKvisaconsultants & 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 UKvisaconsutants & 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 the pendency of your matter
- Our fees competitive and only charge for the work that is being carried out,
- We shall give you an 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 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 served on Entry Clearance Officer (ECO) or the Home Office before initiating a Judicial Review application. The Process is complex but our UKvisaconsultants in UK is an expert and can certainly sort out these matters for you.
How Does a Review Application Work?
Having your UK visa rejected can be very worrying because a refused visa stamp on
your passport can be bad for your travel history. Before one sets out to challenge a
refused visa, it is important to understand the process of immigration appeals and
judicial reviews in order to ensure the success of your review application.
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.
1. Humanitarian protection
2. Asylum protection
3. Human rights claim
4. Your refugee status has been revoked
5. Your humanitarian protection status has been revoked.
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
the higher tribunal not needed.
In the situation that there is no success after appealing to the upper tribunal, you can
apply for a judicial review.
A judicial review is a sort of a court proceeding in which your case is
thoroughly reviewed and a decision given. In the situation that your UK visa, fiance visa,
spouse visa refusal appeal or the appeal for any other visa type did not turn
out successful, you would request for a judicial review.
You have to send an application for the judicial review within 3 months after
the refusal decision of the home office made. However, this done only
in the situation that you believe that the refusal decision was illegal, irrational,
unfair or all of the above.