Living and working in the UK for the past few months or years on a visa can be a great experience. However, what happens if your visa is suddenly refused or not extended? This article will explore what a judicial review is and whether or not it could be used to overturn a visa extension refusal in the UK.
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 were denied a Tier 1 Graduate Entrepreneur visa extension (go to this page to know more). A judicial review ensures that the decision-making process is fair and follows the law.
Remember, a judicial review 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
The main purpose of a judicial review is to ensure that the decision-making process is fair and lawful. This means that the person challenging the decision must show that the public body did not follow the law when making the decision.
For example, in visa extension refusal cases, you may argue that:
- The Home Office or UK Border Agency did not take into account your circumstances
- The Home Office or UK Border Agency applied the wrong law or regulation
- The Home Office or UK Border Agency made an error in their decision-making process
You can also challenge decisions on human rights grounds. For example, if you feel that the Home Office or UK Border Agency has violated your right to private and family life, you could argue this in a judicial review.
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:
- You can have the decision overturned
- You can receive compensation for any losses you have suffered
- 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. The judicial review procedure 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.
A judicial review is a long and complicated legal process. So it’s important to seek professional help from experienced legal experts, like these immigration law firms London professionals, 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 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.