Wednesday, 20 March 2019

UK Visa Judicial Review: Visitor Visa

A Judicial Review on UK Visa Application is a last resort measure taken by the applicant. A judicial review refusal is only possible when the applicant has already exhausted their right to appeal or their right to Administrative review.

The Judicial Review needs to be filed within 3 months of the refusal decision. The applicant needs to take permission from the Upper Tribunal before proceeding with the review. The review request will be considered only if the case has merits.

In the case of UK Visit Visa refusal, the applicant does not have the Right to Appeal the UK visa refusal. In such cases, the applicant can challenge the Home Office's decision of refusal by requesting a judicial review. The case put together by the client needs to have merit to be taken into consideration by the Upper Tribunal. The applicant needs to make sure that they file a request within the 3 months of receiving the Home Office's decision of refusal. Their case will not be considered if they miss the 3-month time limit.

There are cases when the applicant is refused visit visa to the UK based on misinformation with the intention of deceiving. Deceiving the Home Office may lead to the 10 year UK Visa ban. This means that the applicant cannot go to the UK for 10 years. It can also affect their visa application for other countries if they plan to go elsewhere. Sometimes the deception can be unintentional on the part of the applicant. At such times, if they can gather enough proof to prove that they had no intention of deceiving the Home Office, the applicant can request for a judicial review.

However, the applicant must actually be innocent. If the applicant had provided wrong or misleading information with the intention of deception, they will not be allowed to contest the ban through UK Judicial Review.

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