Judicial Review (Visit Visa): Another Win for the Client and our Immigration Team

What is Judicial Review?

Judicial review is a request for a review of the decision of a public body or in the case of immigration it will be a request against the decision of the UKVI/ Home Office”.

The Case

London – The Home Office (UKVI) settled and granted “Entry Clearance Visa” to our clients in a complex case. The visit visa application was twice refused on the following grounds

  1. lack of evidence for certain funds transferred in the Bank Account of the Applicant close to the submission of the Visit Visa Application.
  2. Lack of social and financial ties in the country of origin.
  3. The Entry Clearance Officer (ECO) was not satisfied that our Clients met the Immigration Rules.

Legal Issues

The legal issues raised in the Judicial Review were

1. Whether the applicants met all of the eligibility requirements in paragraphs V 4.2 – V 4.10.

2. Whether the refusal amounted to breach of Article 8, ECHR 1950, Right to respect for private and family life.

3. Whether the refusal resulted in the breach of S. 6(1) of the Human Rights Act 1998.

4. Whether the decision is compatible with Paragraph 276ADE of the Immigration Rules sets out in Appendix FM.

5. Finally, whether the decision to refuse the visit visa application is in line with the Common Law.

Out Come

The Home Office settled outside the court but after the lodge of application at Upper Tribunal in London and granted 6 months Visit Visa to our Clients.

Legalally has an expert team of Immigration Lawyers who deal with complex Immigration matters. For further advice, and assistance on Visit Visas download our Practical Guide to Visiting the UK.

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