Patrick Lewis looks at process for challenging a refused Tier 1 Entrepreneur application.

“So the process of challenging a decision to refuse a Tier 1 Entrepreneur visa, if the decision is upheld from an administrative view, is either first of all to make a fresh application addressing the reasons that have been given for refusing application, or alternatively to commence what’s called judicial review proceedings.

“The first stage of that is to send what’s called a Pre Action Protocol, which is essentially a letter explaining to the Home Office the reasons why we say that the decision is wrong and the reasons why that decision should be reversed.

“It’s possible at that stage to actually introduce new evidence as well to try to address the reasons that been given by the entry clearance officer for refusing the application and refusing to exercise discretion in the favor of the applicants.”

[00:00:50] If however the decision is maintained following the preemption protocol by the Home Office then the only option would be to commence what’s called judicial review proceedings in the Administrative Court.