There are many individuals that put forward UK visit visa application each year. It can be submitted on various grounds. One may come to visit some family members and friends while others may have different reasons for their arrival in the UK such as holidays, medical treatments, etc. The standard visitor visa is pretty much what you need if you are visiting the UK for a brief interval of time. However, getting your application rejected can be a tough phase. Usually, people have numerous plans for their visit to the United Kingdom and when the access is not granted to them, they tend to get frustrated. Thankfully, you have the judicial review for visit visa to have your application reviewed.
The standard visit visa can be refused due to numerous reasons. However, the appeal is your right and judicial review can come to your aid. It forces the UK Visas and Immigration department to reconsider the applicant and you may end up with entry bring granted to you.
Have you got Visit visa refusal from UK Embassy!
You can appeal for Judicial Review in UK
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Our Solicitors Can Help You to file Judicial Review
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Our team of experts will sit down and take a detailed look at your application. We carefully review why the visa is not granted to a person and based on the reasons we take appropriate actions. Considering your application and its status, you might be encouraged to put forward an appeal or consider the judicial review. We carefully examine the applications and provide affordable solutions with appropriate guidance regarding procedure and chances of success.
My standard visitor visa application is rejected can I appeal?
There are many individuals who may want to consider an appeal when their standard visitor visa application is refused. However, you can only do so if there is a human rights ground. The problem is that this scenario is rarer than you think as most of the applications don’t engage human rights. There are particular circumstances where it can be seen valid as these appeals are made in accordance with Article 8 of the European Convention on Human Rights.
What does article 8 say?
Article 8 has two clauses.
Firstly, everyone has the right to respect for private and family life. This includes both his home as well as his correspondence.
Secondly, there should not be any public authority interfering with this right. The only reason they can interfere is when things go beyond the law. The right to respect for family, home, and correspondence, should be respected appropriately as it is in the interest of national security, public safety, and economic wellbeing. Moreover, this does help in preventing various disorders and crimes and is crucial for the protection of health and morals. Also, this complies with the protection of rights and freedoms of individuals.
When it comes to appealing, not all the applicants are recommended. The first stage is where the judge will sit down and review your application to see if it engages with human rights. So, if that particular point is missing from your visa application, there aren’t many chances that your review appeal will go any further. This leads to the wastage of time, money, as well as energy. However, if the appeal is put forward based on strong human rights ground where they are being violated, a good representation of your case can certainly make the judge ask for the review of the application.
The process of judicial review for visit visa
As you put forward your appeal for review, various aspects are considered. It is seen for any illegality, irrationality, unreasonableness, unfairness and procedural impropriety. Moreover, the judge also verifies if the application breaches the Human Rights Act 1998 or the EU law.
How to challenge UK standard visit visa refusal?
Before your appeal is made, our team works hard on gathering the supportive evidence for your case. Experienced and skilled professionals sit down and negotiate with UKVI by sending them a letter. Pre Action Protocol is followed to try and settle things with UKVI before going to the court and a return letter from the authorities is sent in response. Their response guides us to whether they are willing to settle the case or they would prefer defending it in court.
If the challenge is resolved at the initial stage i.e. pre-action protocol, it saves time, money, and stress as the clients won’t have to go into the court. Else, we prepare to initiate judicial review proceeding on the behalf of our clients.