Being refused in the UK for a visa extension can be a frustrating and confusing experience. Many people are not sure what their next steps should be or if they even have any options. In some instances, people may feel like they have no choice but to leave the country. However, there may be hope yet. A judicial review could be an option to reverse a visa extension refusal in the UK.
This article will explain what a judicial review is and how you can go about challenging a visa extension refusal. We will also talk about some of the pros and cons of this process.
What Is a Judicial Review?
A judicial review is a legal proceeding that allows people to challenge decisions made by public bodies. In visa extension refusal, this would include the Home Office or UK Border Agency.
For example, you could file for a judicial review if you filed and were denied a UK tier 2 visa extension. A judicial review ensures that the decision-making process is fair and follows the law.
It is not a new hearing or reconsideration of your case. Instead, it is a legal challenge to how the decision was made. If you are successful in your challenge, the court may quash (cancel) the decision and send it back to the Home Office for reconsideration.
There are many things you need to prove to be successful with a judicial review:
- That the decision was wrong
- That you suffered losses as a result of the decision
- That you have exhausted all other options for appealing the decision
You must also note that you need to apply for a judicial review within three months of the decision date.
Purposes of a Judicial Review
A judicial review can be used to challenge several different decisions, including:
- Refusal of a visa extension
- Refusal of entry to the UK
- Withdrawal of a visa
- Detention following deportation
Pros and Cons of Challenging Visa Extension Refusal
Remember, a judicial review doesn’t always end up with positive outcomes. The following are some of the pros and cons of challenging visa extension refusal:
Pros
- You can have the decision overturned
- You can receive compensation for any losses you have suffered
Cons
- It can be expensive and time-consuming to pursue a judicial review
- There is no guarantee of success
- The process can be complex and difficult to understand
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. This process can be complex, so you should seek professional legal help from experienced lawyers, like these immigration barristers London experts.
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. At the hearing, both sides will present their arguments, 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 may quash (cancel) the decision of the Home Office or UK Border Agency. This means that your case will be sent back to them for reconsideration.
It’s important to understand that a successful judicial review does not guarantee that you will have your visa extension granted. The decision-making process starts again from the beginning.
Remember
A judicial review is a complex legal process. It’s vital to seek professional help from experienced lawyers to increase your chances of success. If you’ve been refused a visa extension and want to challenge the decision, filing for a judicial review is your best option.
Also, a judicial review procedure immigration is a way to challenge the decision made by the Home Office or UK Border Agency. If you are successful in your challenge, the court may quash (cancel) the decision and send it back to the Home Office for reconsideration.