Challenging Refusal Of Visitor Visa UK
You can challenge the refusal of your UK visitor visa application by way of Pre-action Protocol (PAP) and Judicial Review (JR) if your visitor visa has been refused wrongly and unlawfully. The refusal rate is very high in UK visitor visa applications.
As specialist visitor visa solicitors, our expert team of immigration lawyers can provide the required legal help and assistance to challenge the refusal of your UK visitor visa application.
The most common reasons for refusal of a visitor visa application is that the the ECO is not satisfied that the application would leave the UK if granted entry as a visitor because:
- the applicant has weak financial ties to the country of origin including not have a job, business or assets which generate a regular income;
- the bank deposits in the bank statements not explained in the application and therefore ECO not satisfied that the financial circumstances of the applicant are as claimed in the application;
- the applicant has weak family ties to the country or origin;
- the applicant’s evidence submitted in support of the application is not a true reflection of his claimed circumstances.
Refusal of an entry clearance as a visitor can be challenged by way of Pre-action Protocol (PAP) followed by a Judicial Review (JR) application in the Upper Tribunal (UT).
Pre Action Protocol (PAP) Against Refusal Of Visitor Visa Application
Before an application for permission to apply for Judicial Review is filed in the Upper Tribunal, the law requires the applicant to send a Pre Action Protocol (PAP) letter explaining in detail how the decision of the Entry Clearance Officer (ECO) is unlawful and giving the notice to the Respondent of 14 days to reconsider/review the decision to refuse the visitor visa application. If the SSHD fails to respond within 14 days or responds within 14 days but maintains the decision to refuse the visitor visa application, the applicant then has the option to issue Judicial Review proceedings in Upper Tribunal by making an application to the Upper Tribunal for permission to apply for Judicial Review. If Judicial Review proceedings are issued without issuing a Pre Action Protocol (PAP) letter, the court can penalise the Applicant by awarding costs against the Applicant and in favour of the Respondent.
Judicial Review In The Upper Tribunal Against Refusal Of Visitor Visa Application
After the Pre Action Protocol (PAP) has been complied with and the SSHD has either failed to respond to the Pre Action Protocol (PAP) within 14 days or has maintained the decision to refuse the visitor visa application, the applicant can then issue the Judicial Review (JR) proceedings in the Upper Tribunal by making on papers application for permission to apply for Judicial Review. The application for permission will be decided by the Upper Tribunal Judge on papers after considering the grounds for Judicial Review of the Applicant and the Acknowledgement of Service (AOS) setting out the grounds of defence from the Secretary of State.
If the permission to apply for Judicial Review is granted, the matter will then proceed to substantive Judicial Review (JR) hearing. If the permission is refused on papers, the Applicant can then apply for renewal of permission requesting permission application to be considered at an oral hearing in the Upper Tribunal.
In most cases, the Secretary of State agrees to reconsider the visitor visa application where the Upper Tribunal has granted permission to apply for Judicial Review following a consent order signed by both parties whereby the Entry Clearance Officer (ECO) would reconsider the application within 3 months of the sealing of the consent order by the Upper Tribunal. The Secretary of State would also normally agree to pay the reasonable legal costs of the Applicant incurred in relation to the Judicial Review proceedings.
In some cases, it will be better to re-apply for visitor visa after the refusal rather than challenging the refusal of the visitor visa application. If the visitor visa application has been refused due to lack of documents or information, it is better to re-apply after the refusal and thereby provide all the required documents and information so that the fresh application can succeed. Where possible, the reasons for refusal of the previous application can be rebutted in the fresh application so that the fresh application enjoys better chances of success. We can provide the required legal help and assistance with re-applying the visitor visa after the refusal of visitor visa application.
The visitor visa solicitors at Sunrise Solicitors are experts in challenging the refusal of UK visitor visa applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our specialist team of visitor visa solicitors. You can contact us if you are seeking legal help from visitor visa solicitors in London for challenging the refusal of your UK visitor visa application and our specialist team of visitor visa solicitors will provide you fast, friendly, reliable and professional immigration service for challenging the refusal of your visitor visa application.
Unless your matter is extremely complicated, our fixed fees for challenging the refusal of visitor visa entry clearance application are as given in the fee table below:
|Our Service||Our Fee|
|Pre-action Protocol (PAP) to challenge the refusal of visitor visa refusal||From £700 To £1,500 (no VAT)|
|On papers application for permission to apply for Judicial Review against the refusal of visitor visa application||From £1,000 To £2,500 (no VAT)|
|Full help with fresh application for visitor visa after the refusal of the visitor visa application||From £1,000 To £2,000 (no VAT)|
The agreed fixed fee will depend on the complexity of the matter and the volume of casework involved in the case. In addition to our fixed fee, the applicant will also have to pay the third party charges e.g. Barrister’s fee for preparing grounds for Judicial Review or in case of fresh application for visitor visa, Home Office fee for the visitor visa application.