An application for a Sponsor Licence may be refused for various reasons, but how do you challenge this refusal?
There is no right of appeal against the refusal of an application for a licence. However, there are two ways in which the refusal can be challenged, and these are as follows:
(i) Making an error correction request
(ii) Judicial Review.
(i) Error correction request:
To challenge a refusal, you may make an error correction request if you think there has been:
– A case working error i.e. the sponsor licence guidance has been applied incorrectly, or
– There has been an error in considering documents/information sent with the application e.g. where a piece of evidence submitted at the time of application has been overlooked.
How long do you have to make an error correction request?
The request must be sent within 14 calendar days from the date of the refusal letter.
How long will it take to get a decision/response?
An error correction request is usually dealt with within 28 working days of the error correction request form being received by the Home Office.
What are the possible outcomes of an error correction request?
There are two possible outcomes of an error correction request. If a caseworker error has been established or a piece of information sent at the time of application has been overlooked, you will be asked to make a new sponsor licence application. A fee will need to be paid for this application but because you would have had to make another application through no fault of your own, the fee will be refunded to you.
If the result of the error correction request is that the decision to refuse your sponsor licence application was correct, the original decision will be maintained, and the relevant cooling-off period will apply before you can make another sponsor licence application. If you do choose to make a new application, you must ensure that the previous reasons for refusals are addressed in full.
Can new evidence be submitted with an error correction request?
No, the Home Office will not generally consider any evidence not already submitted at the time of application. You must therefore ensure that a sponsor licence application is prepared well to begin with.
(ii) Judicial Review:
If the refusal of your sponsor licence application is arguably unlawful, procedurally improper, or unreasonable, you may be able to apply for a judicial review of the decision.
What is Judicial Review?
By asking for a judicial review of the decision, you will be making an application to the court to review the lawfulness of the Home Office’s refusal of your sponsor licence. The threshold of making such applications is high and any judicial review action must be considered very carefully.
What is the time frame for making an application for judicial review?
If you decide to make an application for judicial review, you must do so promptly. In any case, you will have 3 months from the date of the decision under challenge to follow the Pre-Action Protocol and file an application for judicial review.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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