UK Visit Visa Refusal Appeal or Judicial Review
Many Visitor Visa Application are getting refused for different reasons. The only remedy available to challenge the decision is through Appeal or Judicial Review. Standard Visitor Visa allows you to enter into the UK for business visits, medical treatment, a holiday, or to visit family and for few other purpose. It is really devastating when visitor visas applications are rejected, leading to cancelled family reunions and business meetings.
If you have had your UK Standard Visitor Visa application refused, you may be able to appeal on human rights grounds or by judicial review. If you are successful in one of these methods, UK Visas and Immigration (UKVI) may reconsider the decision and grant you a UK Standard Visitor Visa.
Our expert lawyers have an in-depth understanding of the appeals and judicial review process. We will guide you through the correct application procedure, including the Pre-action Protocol for Judicial Review, and quickly advise you if your case provides an opportunity to appeal on human rights grounds.
At A Y & J Solicitors, we will take the time to carefully examine why your visit visa application was refused and advise you on the best course of action to take. We can advise you to re-apply or appeal or pursue a Judicial Review analysing your case and unique circumstances. You can be confident that as an SRA regulated firm, we will act with the utmost integrity and direct you to the cost-effective path explaining the chance of success.
Appeals and judicial review can be a complex process. Fortunately, our years of experience mean our clients can trust that their application will be correctly submitted, and the process explained to them in a clear, concise manner.
Can I Appeal if My Application for a UK Standard Visitor Visa is Refused?
If your UK Standard Visitor Visa is refused, you only have a right to appeal if your application contains a human rights ground. We experienced that it is very rare as not all visit visa applications engage human rights. Home Office guidance explains under which circumstances applicant’s human rights claims can be valid. Most commonly, applications for appeals are made under Article 8 of the European Convention on Human Rights (ECHR).
Article 8 of the ECHR reads:
Article 8 – Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
This route is not always recommended as Judge at First-tier Tribunal may decide that the visit does not engage human rights and therefore there is no right of appeal in first place. The client may waste the time, money and energy by appealing the decision. However, when there is appeal rights available based on strong grounds of human rights violation, we will do our best to prepare a strong appeal case for you.
Judicial Review could be a suitable option when there are no appeal rights available or the visit visa application is getting refused twice or more based on same unlawful / unfair reasons.
What is UK Visit Visa Refusal Judicial Review Process?
Judicial review is the process whereby the judges of the Administrative Division of the High Court, and the Upper Tribunal (Immigration and Asylum Chamber) exercise jurisdiction over the lawfulness of acts or omissions of public bodies such as UK Visas and Immigration (UKVI), and a supervisory jurisdiction over inferior courts and tribunals.
The grounds for Judicial Review include:
- illegality, i.e. where there was an error of law in the making of the decision
- irrationality or unreasonableness
- procedural impropriety and unfairness
- the decision was in breach of the Human Rights Act 1998 (usually involving an assessment of proportionality), and
- the decision breaches EU law
Judicial Review is a remedy of last resort. Prior to commencing an application, we help you to investigate all other dispute resolution methods.
How to Challenge UK Visit Visa Refusal Through Judicial Review?
After gathering all evidence in support of your case, our experienced legal team will attempt to negotiate with UKVI through a letter.
The first stage of applying for Judicial Review is to follow the procedures set out in the Pre-Action Protocol. The Pre-Action Protocol is designed to allow applicants to set out their case to UKVI and reach an out of court settlement if possible. If UKVI declines to settle and chooses to defend the case, they will send a response to the ‘Letter Before Claim’ we have sent.
Our team understands the judicial review process and will swiftly advise if it is the best option for you. We aim that judicial review challenges are resolved at the Pre-Action Protocol stage, saving our clients time, stress and money.
When UKVI upheld the refusal decision or does not respond to Pre-action Protocol, we then can initiate Judicial Review proceeding on behalf of you. Government Legal Department (GLD) will act on behalf of UKVI and submit their response. If the decision is maintained, the case will be considered by a judge at Upper Tribunal.
Time is of the essence as any challenge must be made within three months of the negative immigration decision being given.
Why Use A Y & J Solicitors to Manage Your Appeal or Judicial Review for Visitor Visa Refusal?
At A Y & J Solicitors, we have over ten years’ experience in assisting both in-country and out-country applicants for UK Standard Visitor Visa, sometimes in urgent circumstances. We understand the process and have a strong reputation for achieving successful results for business visitors, family visitors and tourists from all over the world.
In Kugathas v SSHD, the Court of Appeal held that family life for the purposes of Article 8 will generally involve cohabiting dependants, such as parents and dependent minor children, but that it may encompass other relationships depending on the specific circumstances of the case. For example, in Kaur (visit appeals; Article 8), it was found family life existed between a mother and her adult son and grandchildren.
Unfortunately, no, any attempt to come to the UK without a valid UK Visitor Visa (if you need one) will result in you being turned away at the border. It may also negatively affect your ability to successfully obtain entry into the UK in the future.
Success Story on Visit Visa Refusal Appeal or Judicial Review
Visitor Visa Refused, Pre-Action Protocol Letter Submitted Leads to the Grant of Visa
Mr M, along with his wife and his son applied from India for visitor visas to visit the UK, his brother and family who are all settled here. The family of three also wanted to take this opportunity to explore the places of attraction in the UK and experience the culture of the country where…
A Y & J Solicitors’ Review
My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them – it may be very simple query or a very complex case; you can trust them.
Having found myself in a rather sticky situation I was desperate for advice/help/guidance. I found A Y & J Solicitors through a friend and with in minutes into my first phone call to them, felt a sense of tremendous peace of mind which I had longed for. Mr Yash spoke very professionally and together with his team went on to do the almost impossible and secure an ‘Out of time’ extremely complicated Tier 2 application for myself and a spouse visa for my wife. Yes they are expensive. But their services are well worth it. They are direct & almost every step of the way they were transparent and kept me updated on the status as and when they knew anything. With out a doubt, I can easily say that our experience with them has been fantastic and would highly recommend their services to any one i know that is looking for a good immigration solicitor. Keep up the excellent work Mr. Yash. God Bless. Thumbs up to the excellent team they have.
I went to Globevisas on a friend’s recommendation and I’m glad I did that. These guys are very helpful and they know what they’re talking about. My ILR application was an extremely smooth experience and was granted without any hassles at all. I would recommend Globevisas to anyone who is looking for help to sort out their visa issues!