Living in the UK as a foreigner on a UK skilled worker visa, student visa, or any visa can be a great experience. You get to enjoy all the benefits of living in one of the world’s most beautiful and prosperous countries. However, what happens if your visa extension is refused?
One option is to challenge the decision through a judicial review. This is a process where you ask a court to look at the decision made by the Home Office and see if it was fair and reasonable.
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 student entrepreneur visa extension. A judicial review ensures that the decision-making process is fair and follows the law.
Purposes of a Judicial Review
There are three key purposes of a judicial review:
- To ensure that the decision-maker (in visa extension refusal, the Home Office or UK Border Agency) followed the law
- To make sure that the decision-maker made their decision reasonably
- To provide a remedy for the person who was affected by the decision (in visa extension refusal, this would be you, the person seeking to extend their visa)
Pros and Cons of Challenging Visa Extension Refusal
There are pros and cons to challenging visa extension refusal through judicial review.
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. The process 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.
Remember
A judicial review UK is a long and complicated legal process. You must seek professional help from experienced legal experts 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.
