UK Visa Refused? Appeal & Judicial Review

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IMMIGRATION APPEALS


Osbourne Pinner handles all UK immigration matters. We specialise in complex immigration matters including Appeals and Refusals and represent clients who wish to appeal against immigration decisions made by the Home Office. We have an established track record of successfully appealed Home Office refusals. Our Immigration Solicitors use their knowledge, skills and experience to put you in a very strong position to challenge an adverse decision.


What You Need to Know?


If you have received a refusal notice, contact our immigration experts today so that we can make your appeal process move quickly.


Our leading immigration experts are well versed with the Immigration Rules and policy to ensure that applications are executed properly and 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 such application within 14 days after 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.


On the occasions where clients have consulted with our team after their visa has been refused, our immigration team has been able to assess their situation and consider their options relating to challenging a decision by appealing to the First-tier Tribunal or thereafter to the Upper Tribunal.


You can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal, if your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First-tier Tribunal.


You can ask for an application for permission to appeal to the Upper Tribunal on the grounds that the Immigration Judge at the First-tier Tribunal made a material error of law in determining the appeal.


If your application to the First-tier Tribunal for permission to appeal has been refused by the First-tier Tribunal, you can make another application to the Upper Tribunal for permission to appeal to the Upper Tribunal within 28 days if you are outside the UK and within 14 days if you are inside the UK. If the Upper Tribunal dismisses your appeal, you can then file an application to the Upper Tribunal for permission to appeal to the Court of Appeal. If the Upper Tribunal refuses such application, you can make another application to the Court of Appeal itself for permission to appeal to the Court of Appeal. If permission is granted, the Court of Appeal will hear and decide the appeal.


The UK’s Immigration Rules on visa applications can be quite complex to understand. Our immigration team understands that this can be a very stressful time in a migrant’s life especially when they have to consider the impact the refusal will have on their business, work and family life. Our immigration experts consult time and time again with clients who require an urgent appeal to be lodged.


If you have had a visa application refused and wish to consider your options of challenging the Home Office’s decision, please contact a member of our dedicated immigration team so we can arrange for you to meet with an experienced immigration solicitor who can consider your options with you.


ADMINISTRATIVE REVIEWS


Administrative Review is the first option available when an application under the Points-Based-System gets refused by the Home Office.


Administrative Review is a process in which people applying for entry clearance / visa applications can challenge the refusal on the basis that the decision is incorrect due to a case working error.


The following types of applications are eligible for Administrative Review:


  • Tier 2 visa

  • Tier 4 visa

  • Tier 1 Entrepreneur Visa

  • Tier 1 Investor Visa

  • Indefinite leave to remain based on PBS


An Administrative Review is conducted by a separate Home Office team that is independent of the original decision maker.


If you are outside the UK and wish to apply for an Administrative Review of a UKVI decision, you will have 28 days to make the application. If you are applying inside the UK, you have 14 days.


Here, at Osbourne Pinner, we will provide you with all the information you need to fully understand the Administrative Review process.


Administrative Review can be a complex process; however, our experienced immigration solicitors have an in-depth understanding of the Administrative Review process. They will take the time to carefully examine why your visa application was refused and advise you on the best course of action to take.


JUDICIAL Reviews


Judicial review is a way of challenging the decisions, acts (and sometimes the failure to act) of a public body, because it has not acted lawfully. It is a court procedure, brought in a branch of the High Court known as the Administrative Court, or in relation to certain types of case, in the Upper Tribunal.


If you are impacted by a decision made by a public body, and you feel that the decision has not been reached in the right way, you might be able to seek a judicial review to reassess that decision.


To be permitted to bring a claim for judicial review, the court will expect you to have some sort of ‘standing’. If we determine that you have grounds to apply for an application, our immigration solicitors will take you through the process from start to finish, giving you the best possible chance of achieving the outcome you need. If a claim is successful, generally the decision will be “quashed”, or deemed invalid, and must be re-made.


There are strict time limits in force if you are considering applying for a judicial review. Most judicial review cases must be brought before the court promptly, and in any event within three months of the decision or action being challenged.


At Osbourne Pinner we can assist in building the strongest case and maximise your chance of success.


Speak To An Expert Now!

    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.


    For a Free Initial Consultation with our Senior Immigration Solicitor, please contact us today on 0203 980 9348 or info@osbournepinner.com.


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