When it comes to visa extension refusals, the UK is a no-nonsense kind of place. If your application is rejected, you’re likely to have to leave the country – and fast.
However, all may not be lost. If you can prove that the decision to refuse your visa extension was made in error, you can take legal action and overturn the refusal. This is where a UK immigration judicial review comes in.
What is a Judicial Review?
A judicial review is a legal proceeding that allows individuals or organizations to challenge the legality of decisions or actions of public bodies. A judicial review aims to ensure that these decisions are made in accordance with the law.
Even a successful graduate entrepreneur visa application can be denied an extension if the decision-making process is not transparent and understandable.
What Are the Grounds for Judicial Review?
The following are grounds where you can base your judicial review:
- Illegality. This is when the decision-maker has acted beyond their powers or illegally.
- Irrationality. This is when the decision-maker has made a decision that is not reasonable or does not make sense.
- Procedural impropriety. This is when the decision-maker has not followed the correct procedures in making their decision.
Pros and Cons of Filing a Judicial Review
- It may help you stay in the UK while your case is being processed.
- It may help to speed up the process of getting a decision on your visa extension.
- It may increase your chances of success in getting a visa extension.
- It can be a costly and time-consuming process.
- It’s not a guarantee that the decision will be reversed.
- If the decision is not reversed, you may be required to leave the UK.
How to File a Judicial Review
If you’ve been refused a visa extension and want to challenge the decision, you must file for a judicial review. The process can be complex, so consider seeking professional legal help from experienced lawyers.
Fill out numerous forms and submit them to the court and any supporting evidence. After your application has been received, the court will decide whether or not to grant you a judicial review.
If your application is successful, the officers will give you a date for your hearing. Both sides will present their arguments at the hearing, and the judge will decide. The process can take several months, so it’s essential to be patient.
What Happens if Your Judicial Review Is Successful?
If your judicial review is successful, the court will quash (cancel) the decision of the Home Office or UK Border Agency. This means that the decision will be sent back to them for reconsideration.
It’s important to note that the court does not have the power to overturn the law. So, even if your judicial review is successful, there’s no guarantee that you will get a visa extension.
The result of your case will depend on the strength of your arguments and evidence. If you have new evidence or information that was not considered in the original decision, this could sway the decision in your favor. Seeking professional legal help from experienced lawyers is always recommended whenever you plan to file for a judicial review.
As a Summary
A judicial review may help you stay in the UK if your visa extension has been refused. It is a legal process that allows you to challenge the legality of decisions made by public bodies like the UK Border Agency.
There are some advantages and drawbacks to filing a judicial review, so be sure to seek legal help from experienced lawyers, such as Imperium Chambers, before deciding. You can visit Imperium Chambers homepage here to know more about how it works.