Patrick Lewis talks about the role of the Judicial Review when appealing a refused Tier 1 entrepreneur visa.
“If the Administrative Review has been unsuccessful then the only way to challenge a decision is by way of Judicial Review.
“It is a remedy of last resort and it’s one which I’d advise to try to avoid if that’s at all possible.
“The best way of avoiding that is by front-loading the challenge of the decision by collating as much evidence as possible at the early stages to respond to that decision.
“But that also has the advantage in a Judicial Review because a Judicial Review is what it says it is – review of the documents that were presented to the Home Office and whether the Secretary of State was reasonable in making that decision based upon the evidence that was presented.
“So that really emphasises the importance of ensuring that you obtain as much evidence at the early stages as possible to provide to the Secretary of State and the Home Office to try and get them to reverse the decision.”