UK Visa Appeal and Judicial Review

UK Visa Refused? Appeal and Judicial Review Experts

Getting your visa application rejected can be quite frustrating, especially if you find the reasons for rejection unreasonable. If you’ve made an error in your application or forgotten to add some details, you should rectify the error and reapply for the visa. But if your visa was rejected on unreasonable grounds, you can either appeal against your visa refusal or opt for a judicial review.

What You Need to Know

Since 2013, the United Kingdom only considers visa rejection appeals on the grounds of human rights. For instance, if the rejection of your visa application involves human rights like ‘the right to family life’ then your appeal against visa rejection will be considered. However, if you find the reasons for rejection unacceptable, and your application does not involve human rights – it’s time for a judicial review.

Our leading immigration experts are well versed with the immigration rules to ensure that applications are executed properly every time. If there are any issues, detailed representations can be made to mitigate the circumstances.

If you are inside the UK and your application for extension of stay has been refused, you can appeal to the First Tier Tribunal against the refusal of said application within 14 days of the date the refusal letter was sent to you by the Home Office, UK Visas & Immigration (UKVI).

If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO), you can appeal to the First Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.

If your visa has been refused by the UKVI and you want to consider your options of challenging the Home Office decision, please contact our immigration solicitors.

Judicial Review

Judicial review (JR) – Pre-action protocol

Judicial review (JR) is the process during which judges examine the decisions of public bodies and consider whether the law has been correctly followed.

It is important to stress that JR is not a re-run on the merits of the decision – judges confine themselves to considering whether the decision being challenged was lawful, and complies with the principles of public law. The potential grounds for JR are outlined below.

If a JR claim is successful the usual result is that the decision is “quashed” or nullified and has to be taken again. While this means that the public body can take exactly the same decision again, the need to follow proper procedure means that, in practice, at least a better – and often a substantively different – decision results.

Examples of the types of decision which may fall within the range of judicial review include:
• Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
• Certain decisions of the immigration authorities and the Immigration and Asylum Chamber;
• Decisions of regulatory bodies;
• Decisions relating to prisoner’s rights.

Why use Osbourne Pinner for your Immigration matter?

  • At Osbourne Pinner, we understand the inconvenience caused by visa refusal. We use all our knowledge and experience to help our clients file an appeal or opt for a judicial review of their visa application. We treat every case individually, according to its merits and complexities.
  • Some cases simply require reapplication while others may need letters written to the Home Office and ultimately opting for a judicial review. In some instances, the Home Office reconsiders its own decisions once they realise you are going for a judicial review.

If you would like more information, you can speak to one of our immigration solicitors on 0203 980 9348 or email us on info@osbournepinner.com

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