Have you ever been refused a Visa to the UK, though you have met with all the requirements that are needed for a visa application? If you have, do you know what the next step is? If No then the answer to all your Queries lies with The Smartmove2Uk. Our UK Visa Consultants in Mumbai to help you solve all your doubts regarding the UK Visa Application and Refusal of Application.
When an Individual applies for a UK Visa with the hope that he will be granted a visa. But to his disappointment, he receives a refusal notice from the home office. In such a case what remedy does an Individual have ?. When a person receives a refusal letter of his visa application he has a right of appeal to the Home office and when his appeal is refused by the Home Office that is the home office does not change its decision, the Individual has the right to file for a Judicial Review to the Upper Tribunal (Immigration and Asylum Chamber).
What is Judicial Review?
A judicial review is a type of legal challenge where an individual asks the High Court or Upper Tribunal to review the lawfulness of a decision, action or failure to act of a public body or government department. It can only be used where there is no avenue of appeal or where all avenues of appeal have been exhausted. It is different from the statutory appeal wherein the court decides on a case based on what it thinks is the ‘Correct Decision’. In this case, the court will only decide if the decision made by the Home Office was lawful.
Pre-Action Protocol (PAP)
The Pre-Action Protocol sets out a code of good practice and contains the steps which an Individual should generally follow before making a claim for Judicial Review (JR). The objective of the pre-action protocol is to avoid unnecessary litigation.
Normally a person who wishes to challenge a decision of the Home Office should write first to the department asking for the decision to be reviewed. This is called the Pre-Action Protocol (PAP). It is a mandatory Procedure that is to be followed by a person who wishes to apply for a Judicial Review. The purpose of this letter is to identify the issues in dispute and establish whether litigation with the Home Office can be avoided.
PAP letters and the responses to them should be carefully considered by the Home Office. This is a good opportunity to prevent judicial review proceedings being brought at all, either,
- by re-making the decision in the applicant’s favour (where appropriate) or
- by setting out clearly the reasons for maintaining the existing decision.
The Defendant (Home Office) should normally respond to the letter (PAP) within 14 days and if they fail to respond then a penalty may be imposed unless there are good reasons for not responding within that period.
An application for permission to apply for Judicial Review can be filed in the Upper Tribunal, if the Home Office does not respond to the pre-action protocol letter within 14 days or the Home Office responds within 14 days but maintains their decision to refuse the application.
The application for Judicial Review must be made within 3 months after the grounds on which the claim first arose.
Our UK Visa consultants in Mumbai are well versed in all matters dealing all types of applications. Contact our immigration solicitors to hold your hand through every stage of the application process.
Here at “The SmartMove2UK”, we believe in getting things right the first time itself. Book an initial consultation with our team of UK immigration experts to make sure that you don’t miss out on the minute details relating to Judicial Review.
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