You may be able to bring a claim for Judicial Review to the Upper Tribunal, but you must follow strict procedural rules.
Mr M, his wife, and his son applied to India for visitor visas to come to the UK and see his brother and his family who are all settled in the UK. The family of three also wanted to explore UK attractions and experience the culture of the country where his brother and family have put down roots.
Unfortunately, all three applications were refused as the Entry Clearance Office (ECO) was not satisfied that they were genuinely seeking entry as a visitor. The ECO did not believe that they intended to leave the United Kingdom at the end of the proposed visit. Also, the ECO was not satisfied that they had sufficient funds to meet the cost of the proposed visit, even though Mr M operates a successful business in India.
With great disappointment due to receiving a negative decision from the ECO, Mr M was undeterred, and he contacted us for advice on what options were available to him following the visitor visa refusal decision. After a full assessment of the matter, we determined that the refusal decision of the ECO was unreasonable based on the documentary evidence provided by Mr M and his family in their initial applications. We advised Mr M to challenge the decision by the ECO to not grant them visitor visas by way of a Letter before Claim, also known as a Pre-Action Protocol Letter. This letter is part of a strict procedural process that must be followed when challenging ECO decisions.
We advised Mr M in gathering key documents and preparing his statement supporting the Pre-action Protocol.
The Letter Before Claim clarified how the ECO failed to properly consider the submitted documents which clearly demonstrated their financial stability in India, and reiterated their intention to return to India after their visit.
At A Y & J Solicitors we are experts in having unreasonable ECO and UKVI decisions overturned. If you’ve received a refusal, do not give up hope. Contact us today for a review of your situation. We’re here to help in all UK immigration matters.