Can You Appeal a Visitor Visa Refusal UK?

Overview

It may be possible to challenge the decision by applying for a Judicial Review. This is a legal challenge that can be made to the Upper Tribunal or High Court to review the decision-making process of the Home Office.

A Judicial Review is only available in limited circumstances, such as if the decision was made in breach of the law or if there was procedural unfairness.

Legal advice and representation are essential for a Judicial Review application, as the process can be challenging and costly.

Grounds for Judicial Review

The following are the key reasons for a Judicial Review being possible:

• Illegality occurs when there is an error of law in the decision-making process.
• Irrationality or unreasonableness refers to decisions that are not based on sound reasoning or are not justified by the evidence.
• Procedural impropriety and unfairness include situations where the decision-making process was flawed or biased, and the procedure lacked transparency or fairness.
• Breach of the Human Rights Act 1998 involves assessing whether the decision is proportionate and in compliance with human rights legislation.

How to Challenge a Visitor Visa Refusal via Judicial Review

To challenge a Visitor Visa refusal through judicial review, you should gather all evidence supporting your case. Your legal team will then try to negotiate with UK Visas and Immigration (UKVI) by sending a detailed legal representation letter, known as the Pre-Action Protocol letter.

At this stage, you can set out your case to UKVI and try to reach a settlement.  Within 14 days of receiving the letter, UKVI will respond to the ‘Letter Before Claim’. They may agree to reconsider your Visitor Visa application or maintain the refusal decision, advising you to proceed with the review.

If UKVI upholds the refusal decision or does not respond to the Pre-Action Protocol, you can initiate Judicial Review proceedings. The Government Legal Department will represent UKVI and submit its response at the Acknowledgement of Service stage. If the decision is maintained, a judge of the Upper Tribunal will consider the case.

Acting quickly in a Judicial Review matter is important, as any challenge must be made as soon as possible and within three months of the refusal decision.

Overview

Reapplying could be a good option if refusal grounds are justified and you are able to address them.

You will have to pay the application fee again and supporting documents must demonstrate you have addressed the reasons for refusal.

IAS offers a document checking service that could help ensure your application is accompanied by the correct paperwork – reducing the risk of a further delay or possible refusal.

When Can I Reapply for a UK Visitor Visa After Refusal?

There is no specific time frame for reapplying for a Visitor Visa following a refusal. However, you should refrain from reapplying until any re-entry ban has expired and, if applicable, the time frame for appealing the UK Visitor Visa refusal has passed.

In order to reapply, you must have all required supporting documents and a valid reason for travel, such as visiting a family member, attending a business meeting, or receiving medical treatment.

Where to Get a Form for the UK Visitor Visa Refusal Appeal?

You can get the appropriate form from the UK government’s website to start the appeals process. The form is called “IAFT-5: Appeal a visa or immigration decision” and can be found on the gov.uk website under the section for immigration and borders. You should only appeal using a paper form if you are in detention.