Apply for Judicial review

How To Apply For A Judicial Review

Many visitor visa applications are turned down for a variety of reasons. The only way to overturn the decision is to file an appeal or a judicial review. A standard visitor visa enables you to visit the United Kingdom for business, medical treatment, holiday, or to see relatives, among other things. When visitor visa applications are denied, it may be devastating, causing family reunions and business meetings to be canceled.

If your application for a UK Standard Visitor Visa was denied, you might be entitled to appeal based on human rights or via judicial review. If one of these options is successful, UK Visas and Immigration (UKVI) may review the decision and issue you a UK Standard Visitor Visa.

Can I Appeal if My Application for a UK Standard Visitor Visa is Refused?

If your application for a UK Standard Visitor Visa is denied, you may only appeal if your application includes a human rights ground. We found that it is very uncommon since not all visit visa applicants address human rights concerns. Human rights allegations made by applicants may be admissible in some situations, according to Home Office guidelines. Appeals are most usually filed under Article 8 of the European Convention on Human Rights (ECHR).

The ECHR's Article 8 states:

Article 8 – Right to respect for private and family life

Everyone has the right to privacy and respect for their private and family life, as well as their home and communications.
There shall be no interference by a public authority with the exercise of this right unless it is necessary for a democratic society in the interests of national security, public safety, or economic well-being, for the prevention of disorder or crime, for the protection of health or morals, or the protection of the rights and freedoms of a person.

This path is not always recommended because a judge at the First-tier Tribunal may rule that the visit does not violate human rights, and thus there is no right of appeal in the first place. By appealing the decision, the client risks wasting time, money, and energy. However, your lawyers will do their best to prepare a strong appeal case for you if you have appeal rights based on strong grounds of human rights violation.

When there are no appeal rights available or when a visit visa application is denied twice or more for the same illegal or unfair reasons, Judicial Review may be an appropriate option.

What is the UK Visit Visa Refusal Judicial Review Process?

Judicial review is a procedure in which judges from the Administrative Division of the High Court and the Upper Tribunal (Immigration and Asylum Chamber) have jurisdiction over the legality of acts or omissions by public bodies such as UK Visas and Immigration (UKVI), as well as supervisory jurisdiction over inferior courts and tribunals.

The following matters may be important for determining whether there are arguable reasons that the judgment was unlawful:

Is the ECO following the applicable legislation as outlined in Appendix V of the Immigration Rules?
Is the decision in line with the stated policy on visitors from the Home Office?
Have all relevant considerations/evidence been taken into account by the ECO?
Has the ECO taken into account immaterial factors?
Is there a factual mistake on the part of the ECO?
Have you been given enough reasons by the ECO to successfully challenge the rejection decision or reapply?
Is the Wednesbury decision unreasonable, in the sense that it could not have been decided by a reasonable decision-maker acting reasonably?

Judicial Review is a last-resort remedy. Before filing an application, you should consult with a lawyer or solicitor to consider all other options for resolving your issue.

How to Challenge UK Visit Visa Refusal Through Judicial Review?

A 'letter before claim' should be submitted to the Home Office prior to filing a Judicial Review application, outlining the reasons for challenging the decision and providing the Home Office the chance to rethink its own decision. When an ECO makes a decision, the reasons are examined by an Entry Clearance Manager, who may decide to overturn the decision. The Home Office should be given at least 14 days to respond to the request. If this letter is sent to the Home Office, it may be sufficient to cause the department to reconsider its decision.

Alternatively, if the decision is upheld or if you do not get a response to your letter, you can file a Judicial Review claim before the Upper Tribunal. The Government Legal Department will examine your application as a result of this action. If the decision is maintained, the matter will be heard by a judge who will rule on it.

Since every appeal to a negative immigration judgment must be filed within three months of the decision being issued, time is important.

Book a free consultation

Your information has been saved.
Looks like we're having trouble