Appeals & Judicial Review: Challenging UK Visa and Immigration Decisions
If your UK visa or immigration application is refused or an unfavorable decision is made by the Home Office, you may have the option to challenge the decision through an appeal or judicial review. Understanding these processes can help you take the right steps to protect your immigration status.
In this guide, we’ll cover the essentials, from eligibility to application, so you can confidently navigate the process.
In this guide, we’ll cover the essentials, from eligibility to application, so you can confidently navigate the process.
What is an Appeal?
An appeal allows you to challenge a visa or immigration decision made by the Home Office if you believe it was wrong. You can appeal if your application was refused for reasons like:
- Human rights violations.
- Refusal of asylum claims.
- Certain visa refusals (e.g., family visas).
- How the Appeal Process Works:
- Lodge the Appeal: You must submit your appeal within 14 days if you are in the UK, or 28 days if you are outside the UK.
- Prepare Your Case: You’ll need to gather evidence to support why the Home Office's decision was wrong.
- Hearing: The appeal will be heard by an independent Immigration Tribunal, where a judge will review the evidence.
- Decision: The tribunal will either overturn or uphold the Home Office’s decision.
What is Judicial Review?
If you cannot appeal a decision, you might be able to request a judicial review. This is a legal process where a court reviews the legality of the decision made by the Home Office.
- When to Use Judicial Review:
- The Home Office acted unlawfully or unfairly.
- There was procedural unfairness, like failing to follow proper processes.
- The decision was made without considering all the evidence.
- Judicial Review Process:
- Pre-Action Protocol: Before applying for a judicial review, you must send a pre-action letter to the Home Office, outlining why you believe the decision was wrong.
- Apply for Judicial Review: If the Home Office does not respond or you’re not satisfied with the response, you can apply for judicial review in the High Court.
- Court Review: The court will assess whether the decision was lawful and may either uphold, quash, or remit the decision for reconsideration.
Time Limits
- Appeals: Must be lodged within 14 days (UK) or 28 days (outside the UK).
- Judicial Review: Must be filed within 3 months of the Home Office decision.
Get Legal Support
Both appeals and judicial reviews can be complex, and it’s crucial to have strong legal representation. An experienced immigration lawyer can help gather evidence, present your case, and guide you through the process.
Conclusion
If your immigration or visa application has been refused, understanding your options for an appeal or judicial review is essential. Acting quickly and seeking professional legal advice can significantly improve your chances of success.
Our team is here to help you navigate these processes and protect your rights in the UK.
Our team is here to help you navigate these processes and protect your rights in the UK.
