The visa applications that are rejected and appeal rights are not given to them. The applicant has another option of challenging this decision in the court for a judicial review.
The following are the visas that do not have the right to appeal are:
- UK Visit Visa, if this application is refused then the applicant can opt for Judicial review
- Tier 2 Visa, if this application is refused then the applicant can opt for Judicial review
- Tier 4 Student Visa, if this application is refused then the applicant can opt for Judicial review
- Tier 5 Visa, if this application is refused then the applicant can opt for Judicial review
Before the applicant files for Judicial Review, he/she has to challenge this to the Home Office by the way of Administrative Review.
The most important decision the applicant has to make is whether he/she should make a new visa application or challenge the refusal of the visa. If there is any mistake in the UK Visa Application then the applicant must file a new application for the visa. On the other hand, if the applicant’s UK Visa application had no mistake and it was perfect then an applicant believes that a mistake was made in the decision-making process by the UK Visa Officer then the decision of visa refusal can be challenged by the applicant and there is no need to make a fresh application. The judicial review should be filed within 3 months of the refusal of the visa. The judicial review has to be filed in the upper tribunal, with its main task of making a decision regarding Judicial Review cases.
Steps to be taken for Judicial Review
The applicant should send a notice that is a pre-action protocol letter to the Home Office/ Embassy. This letter contains the basis set by the applicant regarding their claim which is against the Home Office. After the letter is sent then an application can be filed that will be for permission for Judicial Review.
Then a wait of 14 days for a response from the Home Office or the British Embassy is the next step. If the response received is not in the interest of the applicant, that is Home Office does not agree with the claims then the applicant can start the process that is a Claim for the Judicial Review in the UK.
Julia and Rana
This is a very complex and lengthy process. It has a lot of complexities so that is why it is recommended to take the help of the experts. The team at Julia and Rana has great knowledge regarding this process. We will make sure that our client’s interests are met and they get the visa to the UK.
Julia and Rana team aim to give excellent service to all our clients and make sure to give customized services to all of our clients. We will make sure that the letters sent are appropriate and will help to fulfill the interest of the client. We are here to help our clients in any way possible and guide them all along.