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Judicial Review

judical-review

Judicial review is a legal process that can be used to challenge decisions made by the Home Office. If you believe that a Home Office decision is incorrect or unfair, you can explore the option of judicial review to seek a review and potential reversal of that decision.

Our immigration lawyers provide legal advice and support for individuals who wish to pursue a judicial review related to UK immigration matters. If you are considering a judicial review application, our experienced legal team can provide the guidance and assistance you need. Please feel free to get in touch with us at 0333 0124 253, and our lawyers are here to support you throughout the process.

Judicial review is a legal process that allows individuals to challenge the lawfulness of decisions or actions taken by public bodies, including government departments, ministers, local authorities, and other organizations that perform public functions. In the context of immigration law, individuals can use the judicial review procedure to challenge administrative decisions made by the Home Office related to immigration, human rights, or asylum applications.

It’s important to note that a judicial review is distinct from an administrative review or appeal. While administrative reviews and appeals are used to assess the merits of a decision, a judicial review focuses on the legality of the process used to reach that decision.

Given the complexity of appeals and reviews in immigration matters, seeking advice and assistance from an immigration specialist and advocate is highly recommended. Our legal team is available to provide guidance and support for individuals considering judicial review or other options in challenging immigration decisions. Feel free to reach out to us at 0333 0124 253 for assistance and consultation.

judical-review
judical-review

Who can make a claim for judicial review?

To be eligible to make a claim for judicial review, the claimant must have a “sufficient interest” in the case. This means that the case must affect the claimant in some way. The claimant could be the subject of the decision in question or could be part of a group or community that has been affected by the decision.

Additionally, there is a time limit for judicial review claims. The application must be made within 3 months of the decision, and after the grounds for the claim arose.

There are three main grounds on which an application for judicial review can be made:

  1. Illegality: This ground is based on the argument that the decision or action in question was unlawful or beyond the legal authority of the public body making the decision.
  2. Procedural Unfairness: This ground is used when the claimant argues that the process leading to the decision was unfair, biased, or in violation of procedural rules.
  3. Irrationality: This ground involves challenging the decision on the basis that it is so unreasonable that no reasonable decision-maker could have reached it.

Determining the appropriate ground for a judicial review claim and building a strong case can be complex. Therefore, seeking the advice and support of an experienced immigration specialist is crucial to navigate the process effectively. Our legal team is available to provide assistance and consultation to individuals considering a judicial review claim. You can reach out to us at 03330124 253 for guidance on your specific situation.

Judicial Review Application process

 The judicial review process involves several stages, each with its own complexities. These stages are as follows:

Stage 1: Pre-Action Conduct

Before making a claim for judicial review, you must carry out certain steps as part of the pre-action conduct. These include:

  1. Sending a “letter before claim” to the public body involved, outlining your concerns and what you are seeking.
  1. Allowing a reasonable response time for the public body to address your concerns.
  1. Seeking legal advice to ensure that your grounds for judicial review are well-founded.

Stage 2: Application for Permission

If the outcome of the pre-action conduct is unsatisfactory, you can proceed to apply for permission to bring a judicial review. This is typically the second stage of the process. You must:

  1. Complete and submit an application for permission with the High Court.
  1. Explain the legal grounds for your claim and why you believe the public body’s decision or action is unlawful.
  1. Provide evidence to support your claim.
  1. Attend a permission hearing at the court, where the judge will decide whether your case should proceed.

Stage 3: The Substantive Judicial Review Hearing

If permission is granted, your case will proceed to the substantive judicial review hearing. During this stage:

  1. The court will review the legal arguments and evidence presented by both sides.
  1. You and the public body involved will present your cases and respond to questions from the judge.
  1. The judge will make a decision based on the merits of the case.

The judicial review process can be complex, and it is essential to seek the guidance and representation of an experienced immigration lawyer to navigate it effectively. Our legal team is available to provide support and advice at each stage of the process. You can contact us at 0333 30124 253 for personalised assistance with your judicial review case.

Pre-action protocol for judicial review

Following the pre-action protocol is a critical step before applying for a judicial review. The pre-action protocol establishes specific steps you must take before initiating your claim. Failure to adhere to these steps may result in sanctions later in the judicial review proceedings. The key steps in the pre-action protocol include:

  1. Alternative Dispute Resolution (ADR): Before making a claim, you must demonstrate that you’ve explored alternative remedies, such as appealing to a higher court or using other dispute resolution methods.
  2. Requesting Information and Documents: You should seek any necessary information and documents from the public body you are challenging to support your case.
  3. Letter Before the Claim: You must send a “letter before claim” to the relevant public body, notifying them of your intent to initiate a judicial review. In this letter, you should specify a response deadline, usually around 14 days.
  4. Waiting for a Response: You should wait until the response deadline has passed before proceeding with your judicial review claim.

These steps are crucial to ensure that you have followed the proper procedures and fulfilled the necessary requirements for initiating a judicial review. Seeking legal advice and guidance during this process is highly advisable to prevent any issues that could affect your case later on. Our experienced immigration lawyers are available to provide support and advice throughout your judicial review. You can contact us at 0333 0124 253 for personalised assistance with your specific case.

judical-review
judical-review

The hearing

Preparing for your judicial review includes submitting a skeleton argument, which is a crucial step in presenting your case to the court. Here are some key details you should include in your skeleton argument:

  1. Clearly outline the legal points you intend to raise during the judicial review hearing. This is where you present the key arguments for your case.
  2. Provide a concise timeline of your immigration case, including important events and decisions made by the Home Office or other authorities.
  3. List and reference all documents that should be reviewed by the Tribunal or High Court in advance of the hearing. These documents can include letters, decisions, and any evidence that supports your case.

The skeleton argument should be submitted to the court at least 21 days before the judicial review hearing. It is essential to be well-prepared for your hearing to ensure your case is presented effectively. Whether you choose to represent yourself or have a lawyer handle your case, legal expertise and guidance are highly beneficial throughout this process.

If you require assistance with your judicial review or have any questions about your specific situation, our experienced immigration lawyers are available to provide support. You can reach us at 0333 0124 253 for personalised assistance and legal advice related to your judicial review application.

 

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Frequently Asked Questions

Navigating the complex legal processes involved in a judicial review can be challenging, especially in immigration cases. Whether you need to file a judicial review application in the Upper Tribunal, the Administrative Court, the High Court, or the Court of Appeal, having the guidance and support of experienced immigration lawyers is invaluable.

Our team at IAS is well-versed in immigration judicial reviews and can provide you with legal representation, expert advice, and the necessary support throughout the process. We work to maximize your chances of a successful judicial review by helping you present a strong case and ensuring all legal requirements are met.

If you are considering a judicial review or have questions about your specific case, don’t hesitate to reach out to our knowledgeable immigration lawyers. You can contact us at 0333 0124 253 for personalised assistance and legal guidance tailored to your circumstances.

Urgent situations in immigration and asylum cases often require immediate action to protect your rights and legal status. If you are facing removal from the UK or need an interim order to address an urgent matter, you can make an urgent application for judicial review using Form N463.

In urgent cases, you are not expected to follow the standard pre-action protocol. However, it’s still essential to inform the defendant (usually the Home Office or relevant public body) of your intent to make a claim. Urgent cases receive expedited processing, and you may be able to obtain a swift decision from a judge without going through the usual stages of a judicial review.

It’s crucial to seek legal advice promptly in urgent immigration situations, and our team at the Immigration Advice Service is here to assist you. If you believe your case requires urgent consideration, or if you have any questions about your circumstances, please contact us at 0333 30124 253 for immediate guidance and support.

Navigating judicial review cases and the associated legal processes, particularly in immigration matters, can be extremely challenging. Therefore, it is highly advisable to seek the assistance of a legal professional who specialises in immigration judicial review claims.

Our team of experienced immigration lawyers is well-versed in the complexities of the UK’s immigration and appeal systems, and we can provide comprehensive support throughout your judicial review claim. We offer an Appeal Package designed to manage the entire process on your behalf.

With our Appeal Package, one of our specialist immigration lawyers will:

  1. Gather detailed instructions about your situation.
  2. Explain how the appeal requirements of the UK Immigration Rules apply to your case.
  3. Provide you with in-depth advice on the merits of appealing against the refusal.
  4. Complete and submit all necessary appeal forms to professional standards.
  5. Compile a comprehensive document bundle for the court, presenting the details and merits of your appeal in a structured manner.
  6. Expertly represent you at the full hearing before the tribunal.
  7. Maintain communication with the appellate authorities throughout the duration of your appeal.

If you are considering a judicial review in your immigration case or have been faced with a refusal, our immigration lawyers are here to provide expert guidance and support. To learn more about our Appeal Package and how we can assist you with your judicial review claim, please contact us at 0333 0124 253. We are here to help you navigate the process and maximise your chances of success.