Large numbers of people apply for UK Visitor Visa every year. Earlier there were different visa for different purposes like travel, study, business, leisure and so on. Now all these visas have been replaced by UK Standard Visitor Visa. One can apply for this visa if they want to visit UK for business, leisure, private medical treatment and so on. This visa is granted for a short stay of six months or less in UK. As there are increase in number of visit visa application so is in number of refusals as well.
Options to exercise when your visit visa is refused
When one applies for UK Visitor Visa, there are few mandatory documents which are required as part of the application. Also the decision on visa application is broadly based on discretion of entry clearance officers. This means that many time visa refusals are not properly reasoned and they suffer from factual errors or sometimes decisions are wrong in law as well. So when your visit visa is refused and you think that it is a wrong decision then what are the options you have. Well, you have 3 choices at this stage. You can go for a. Reapplying b. Appeal or c. Judicial Review.
1. Re-apply for a UK visitor visa
Perhaps Re-apply is the easiest option. You can re-apply addressing refusal grounds with new evidences and fee. There is no time limit to re-apply. In certain circumstances, this is the simplest and most cost-effective option. In a situation where your visa application has been rejected by UK Visas and Immigration because you filled in the form incorrectly or you did not supply the correct supporting documents, reapplying makes sense. To ensure that you fill your application correctly, it is always recommended that you seek service from an experienced Immigration solicitor/lawyer to make the application for you. They are experts and they can inform you with explanation that exactly what documents you need to include with your application, like bank statements, to expedite the process.
2. Appealing on Human Rights grounds
Since 2013, full right of appeal has been has been taken away. Now there can only be appeal made on human rights ground against refusals for UK Standard Visitor Visas. Therefore, while applying for visa it is imperative for you to ensure that if possible, grounds for a Human Rights appeal are present in your application. So, how do you make sure to have a claim of human rights grounds in case of refusal? Well, you should seek an Immigration solicitor’s advice to safeguard your human right claims on your original application. If you fail to do so then it may result in a situation where you have to spend a great deal of time and money on an appeal. And all this effort will be only for the judge to rule that there are no human rights grounds which allow you to make a legitimate appeal in the first place.
3. Judicial Review
Judicial Review is the third option you have when your visit visa application is refused. You can use this option only when you have exhausted all other avenues. This is also expensive and complex process which is available on specific grounds only. In judicial review the court exercises a supervisory jurisdiction over the exercise of public functions by public bodies.
Following are the grounds on which you can exercise Judicial Review:
- There is an illegality in decision making.
- There is irrationality.
- Procedure has not been followed fairly.
As mentioned Judicial Review is a complex process and time consuming as well so if you are thinking of taking a judicial review case, then you should seek help from an expert Immigration solicitor. An expert solicitor can advise you on the best course of action you need to take.