There can be many different reasons for UK visa refusal, and the only remedy available for the applicants is to challenge the decision of the Home Office through an Appeal or Judicial Review. While it is not possible to appeal against every visa refusal, a candidate can contact UK immigration solicitors if they feel the refusal was arbitrary. Judicial review is the process through which one can challenge the decision, action, or failure of the act of a public body exercising a public law function. Judicial reviews and appeals of the Home Office decisions can be complex. One must need the advice and assistance of UK immigration solicitors to guide them through the entire process.
Challenge by way of Judicial Review
You can challenge the decision of the Home Office through the process of judicial review if you believe that the decision was illegal or unfair with respect to your visa application. The main grounds for the judicial review are that the decision-making authority has acted outside the scope of its statutory powers and that the decision was unfair, unlawful, or unreasonable in practice.
Judicial review is a two-step process. The first step is to make an application for permission to apply for judicial review, as the permission is not automatically granted. The second step of the process is a review of the actual decision. The time limit to make an application for the permission of the judicial review must be made within 3 months of the refusal of the work visa or student visa application.
Pre-Action: Letter Before Claim
It is a mandated practice to send a Pre-Action- Letter before Claim to the Home Office before applying for a judicial review. The Pre-Action Letter contains the matters of disputes, namely the failure or inaction of the Home Office to deal with your matter reasonably. The objective of the letter is to try and avoid unnecessary legal procedures. It is necessary to use the legal expertise of the UK immigration solicitors to draft the Pre-Action Letter.
Challenging the Decision of the Home Office by way of Appeals
Section 84 of the Nationality, Immigration, and Asylum Act of 2002 specifies valid grounds of appeal in cases of refusal of a work visa or any other visitor visas. The appeal against the refusal of a work visa, student visa, etc., must be lodged with the First-tier Tribunal within 14 days from the date of refusal if you are in the UK and 28 days if your entry clearance has been refused and extended in certain circumstances.
The appeal for immigration can be decided either orally or written. In most cases, an oral hearing is preferred as it allows the appellant to respond correctly to submissions made by the Home Office and questions raised by them or the immigration judge.
How can the Visa Solicitors at Osbourne Pinner help you with Immigration Appeals and Judicial Review?
The process of Judicial Review and Appeals with respect to the refusal of a work visa, student visa, or any other visas can be quite complex and overwhelming for the applicants. Osbourne Pinner has the best pool of UK immigration solicitors that can help you make a strong application in front of the Tribunal. We provide professional legal guidance to the applicants where we help them cut down unnecessary legal hassles and obtain a favourable decision in their favour. We also help clients to overturn decisions in the client’s favour even before reaching a tribunal hearing.
We provide support and advice for points-based visa routes, human rights visa applications, EEA visa applications appeal, and several other routes. Contact us today for immigration appeal and judicial review.