What can I do if my Visa application has been refused?

 

In the unfortunate circumstance that your visa application has been refused, you still have some options to overturn the decision. For example, you may be eligible to challenge the decision at the Immigration Tribunal if a right of appeal is granted.

 

In other cases where a Right of Appeal is not granted then you may have to option to request the Home Office to review the decision via an Administrative Review. This means that your application will be reviewed by a different immigration officer.

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It is important to note that not all decisions attract a Right of Appeal or an Administrative Review. In this case, you may choose to challenge the decision via an application for permission to seek Judicial Review.

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Case Refused with No Right of Appeal

 

If your case has been refused by the Home Office and a right of appeal has not been granted, then you may be able to apply for an application for permission to seek Judicial Review. You may be able to apply for a Judicial Review within 3 months of the date of the decision.

 

Stage 1 – Pre-Action Protocol

 

We will review your case thoroughly and if your case has merit, then the first stage is to send a notice to the Home Office to inform for intended action for Judicial Review. The Home Office will review the decision and may decide to reconsider the decision at this point. The usual practice is to request for the matter to be considered within 14 days as per Civil Procedure Rules – Practice Directions.

 

Stage 2 – Lodge an Application for permission to Seek Judicial Review

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If you have not received a satisfactory response within 14 days, then you may lodge an application for Permission to Seek Judicial Review. The Government Legal Department will respond with an Acknowledgement of Service and detail their response. The Judge will then make a decision on the Application for Judicial Review and the Judge may decide in either parties’ favour. You are able to apply for Oral Permission if the decision is refused. If you are successful you may also be able to claim the cost from the Respondent.

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