A Judicial Review is something which can be applied for through the Civil Procedure Rules to receive an ultimate decision over whether a visa refusal is to be upheld or not. This is simply the means by which it's possible to challenge the decision, failure or action of a public body carrying out a public law function. If the UK Border Agency (UKBA) has refused an application for leave to remain, or for entry clearance, and there has been no right of appeal granted against this refusal of the application then it's possible to challenge the refusal through a Judicial Review.
Judicial Review through Oratto member immigration solicitors
Seeking Judicial Review for a visa refusal can be a complex matter and immigration legal advice in the UK is essential. Oratto has been set up as a method of directly connecting high end lawyers with those who require expert legal advice and we have a number of member immigration solicitors who are highly experienced in dealing with potential Judicial Review cases. These lawyers will be able to examine your case and give you appropriate advice according to your individual circumstances. You can choose an immigration solicitor from the list on this page or you can send your details through to Oratto and we will use the Match facility to find the best immigration solicitor for you.
Civil Procedure Rules
If a person is considering applying for Judicial Review, then there is a set procedure to follow. The Civil Procedure Rules dictate that a Pre-Action Protocol notice must first be sent to the UKBA. This is purposely to avoid unnecessary litigation. The notice will then give the UKBA fourteen days to review the decision and for an alteration to be made to it in light of the letter and/or the documentary evidence provided. The UKBA can then review their decision and choose to grant the visa – or maintain the refusal.
If there is no response to a Pre-Action Protocol letter, or the visa refusal is maintained, the applicant can then choose to apply to the Upper Tribunal for permission to apply for Judicial Review. Application is made on court papers and the court is able to both grant permission for the visa, and refuse, on papers alone without a court hearing. Treasury solicitors will represent the UKBA and your chosen Oratto member solicitor will be able to explain the process, possible outcomes and what may affect your chances of success.
The Upper Tribunal can still refuse permission. If this is the case, the claimant can then make an application for renewal of permission for Judicial Review within seven working days of the court hearing. The matter will subsequently be heard and a decision on the visa will be made.
Due to the lengthy, complex process in obtaining a Judicial Review, seeking authoritative legal advice is essential if this is a route you are considering. Contact Oratto today to discuss your circumstances with an experienced, knowledgeable immigration solicitor.