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If you have received a refusal of your UK visitor visa and believe it was wrong or unlawfully refused, there are options for challenging the decision. This guide by Primus Solicitors will outline the process for challenging a visitor visa refusal and provide information on when to reapply.
Grounds for Challenging a Visitor Visa Refusal
When considering whether there are arguable grounds that the decision was unlawful, several factors may be relevant:
- Has the Entry Clearance Officer (ECO) correctly applied the relevant law as set out in Appendix V of the Immigration Rules?
- Is the decision in accordance with the Home Office’s published policy on visitors?
- Has the ECO considered all material considerations/evidence?
- Has the ECO considered immaterial considerations?
- Has the ECO made a factual error?
- Has the ECO provided sufficient reasons to enable you to effectively challenge the refusal decision or to reapply?
- Is the decision Wednesbury unreasonable, i.e., so unreasonable that no reasonable decision-maker, acting reasonably, could have made the decision?
While there is no appeal process for visitor visa refusals, it is possible to challenge the decision by way of the Pre-action Protocol (PAP) and Judicial Review (JR). Our immigration solicitors are specialists in UK visitor visa applications and in challenging UK visitor visa refusals.
We will file the pre-action protocol representations before issuing the judicial review proceedings, and your application may be overturned at this stage. Our expert lawyers have an in-depth understanding of the pre-action protocol representations and judicial review process. We will guide you through the correct application procedure, including the Pre-action Protocol for Judicial Review, and quickly advise you if your case provides an opportunity for a successful outcome of Judicial Review.
Before an application for judicial review can be submitted to the courts, a pre-action procedure must be followed. Through a pre-action protocol letter, we provide an opportunity to the UKVI to overturn the decision of your visitor visa without going to the Upper Tribunal for Judicial Review. If you are not provided with your deserved remedy at the pre-action stage, the next step is to apply for judicial review.
After a thorough assessment of your application, and why Challenging a Visitor Visa Refusal may or may not be the best course of action, our visitor visa specialists will advise you if it will be better to re-apply for a visitor visa after the refusal rather than challenging the refusal of the visitor visa application. If your visitor visa has been refused due to the lack of some information or documents, then we recommend reapplying with fresh information and evidence. We also recommend rebutting the previous reasons for refusal in the fresh application to satisfy the Entry Clearance Officer.
At Primus Solicitors, we take the time to carefully examine why your visitor visa application was refused and advise you on the best course of action to take. You can be confident that as an SRA-regulated firm, we will act with the utmost integrity and direct you to the cost-effective path explaining the chance of success. Appeals and judicial reviews can be a complex process, but our years of experience mean you can trust that your application will be correctly submitted, and the process explained to you in a clear, concise manner.
Hire our specialist immigration lawyer to help you through this process and ensure a successful outcome for your challenging a visitor visa refusal application. Contact us today to learn more about our services and how we can help you with your immigration matter.