UK Visit Visa Refusal: How to challenge the decision?
Visitor visa applications are denied for a variety of motives. Suppressing the decision is exclusively possible via appeal (subject to human rights considerations) or judicial review. A Standard Visitor Visa grants entry to the United Kingdom for business, medical, leisure, and family visits, among limited other authorized purposes. The denial of visitor visa applications, which results in the postponement of family reunions and business meetings, is an extremely distressing experience.
You can appeal the denial of your UK Standard Visitor Visa application on human rights grounds or submit a request for judicial review. A successful application for one of these methods will result in the issuance of a UK Standard Visitor Visa.
How Can we Help You?
Can I file an appeal following the denial of my application for a UK Standard Visitor Visa?
You may only file an appeal against the denial of your UK Standard Visitor Visa if your application includes a human rights-based justification. It is exceedingly uncommon, in our experience, for visit visa applications to not address human rights. Guidance from the Home Office specifies the conditions under which an applicant’s human rights claims may be upheld. Appeals are typically initiated in accordance with the provisions outlined in Article 8 of the European Convention on Human Rights (ECHR).
As stated in Article 8 of the ECHR, “The right to respect for private and family life.”
- All individuals are entitled to the utmost regard for their private and familial affairs, residence, and correspondence.
- The exercise of this right shall not be hindered by a public authority except in cases where such interference is lawful and required in a democratic society to safeguard the interests of the country, public safety, national security, or economic prosperity; prevent disorder or criminal activity; preserve health or morals; or protect the rights and freedoms of others.
- This course of action is not always advised, as the judge at the First-tier Tribunal may determine, after a lengthy delay and payment of appeal and legal fees, that the denial of a visit visa did not violate human rights grounds. Thus, there is no right of appeal in the first place.
- Appealing the decision could be a waste of time, money, and effort for the client. Nevertheless, in situations where appeal rights are accessible on the basis of compelling human rights violations, we shall make every effort to substantiate your appeal case.
- Consideration may be given to Judicial Review in situations where appeal rights are absent or
- when a visit visa application is denied twice or more for the same unlawful or unfair grounds.
Judicial review is a procedure in which the judges of the Upper Tribunal (Immigration and Asylum Chamber) and the Administrative Division of the High Court exercise supervisory jurisdiction over lower courts and tribunals and jurisdiction over the legality of the actions or omissions of public bodies such as UK Visas and Immigration (UKVI).Illicit, in which case the decision was rendered unlawful, procedural impropriety, unfairness, irrationality, or unreasonableness, a violation of the Human Rights Act 1998 (typically entailing an assessment of proportionality), or a breach of EU law are among the grounds for judicial review.Judicial review is the ultimate recourse. Before initiating an application, we assist you in exploring all alternative dispute resolution approaches.
Our experienced legal team will attempt to negotiate with UKVI via a letter containing a detailed legal representation, which is legally known as a Pre-Action Protocol letter, once all evidence in support of your case has been gathered.This is the initial phase of the Judicial Review application process. The Pre-Action Protocol is intended to provide applicants with the opportunity to present their case to UKVI and, if feasible, negotiate a settlement outside of court. We have requested that UKVI respond to the ‘Letter Before Claim’ we have submitted, with an anticipated timeframe of 14 days, in accordance with the Pre-Action Protocol. Either the request for a reconsideration of the visitor visa application could be accepted, or the denial decision could be upheld with the recommendation that the Judicial Review be pursued.
Our personnel is well-versed in the judicial review procedure and will provide you with prompt guidance regarding its suitability. We strive to resolve challenges to judicial review during the Pre-Action Protocol phase, thereby conserving time, money, and stress for our clients.On your behalf, we can initiate a Judicial Review proceeding when UKVI upholds the denial decision or fails to respond to the Pre-action Protocol. The response will be submitted by the Government Legal Department (GLD) on behalf of UKVI during the Acknowledgement of Service phase. If the decision is upheld, an Upper Tribunal judge will deliberate on the case.In a matter involving judicial review, time is of the essence; any challenge must be filed promptly and no later than three months after the decision of denial.
We have more than a decade of experience assisting UK Standard Visitor Visa applicants, occasionally under time-sensitive conditions. We have a solid reputation for delivering successful outcomes for international tourists, family visitors, and business visitors due to our comprehensive understanding of the process.