Judicial Review – Get it right from the start
If you have had a ruling relating to immigration, nationality and asylum matters which you are unhappy with you may wish to consider applying for a judicial review of the decision.
What is a Judicial Review?
Judicial Review is a High Court procedure that can be used to challenge decisions made by public authorities, including the immigration authorities. Judicial Review can only be used where both of the following conditions are met:-
- There is no other available way of challenging the decision (for example, where there is no right of appeal) and
- There are grounds for challenging the decision as unlawful in a sense recognised by the Judicial Review principles.
How Do I Know if I Can Apply for a Judicial Review?
In a judicial review case, the court may intervene in a decision if it is:-
- Illegal – that is, it is contrary to legislation, the immigration rules or a person’s human rights;
- Irrational – that is, if the decision-maker failed to take into account relevant matters, or had regard to irrelevant matters, or if the decision was one which no reasonable person could possibly have reached; or
- Procedurally Unfair- that is, if the decision-maker failed to give the applicant a chance to make representations, or failed to take in account a relevant policy or concession which would normally be applied to the type of the case in question.
- The challenge must be made within 3 months of the date of the decision complained of.
- Powers of the Court in Judicial Review
- Even if a claim for judicial review is successful, the court will not re-take the decision that the public authority has made. In most cases, the most the court can do is to ‘quash’ the existing decision or ‘declare’ it to be unlawful, with the result that the public body has to reconsider the matter. So when the public body reconsiders it, it must do so lawfully and in accordance with the legal findings made by the Administrative Court.
Benefits of A Judicial Review
- A successful review could ‘quash’ an existing decision or ‘declare’ it to be unlawful
- The public body that made the original decision has to reconsider the matter lawfully and in accordance with the legal findings made during the review.
- Resolve your case that may have been outstanding for prolonged period
- Obtain a decision where the Home Office are unable or unwilling to reach a decision
- Where you have no other right of appeal, you can bring a challenge to the High Court
Benefits of Choosing Us for your Judicial Review
- Highly Experienced in taking very complex cases forward successfully including those considered “hopeless”
- Very high success rate of successfully resolving matters using Judicial Review
- Fees can be fixed or hourly
- A consultation with one of our lawyers will immediately clarify whether or not this route is available to you.
Judicial Review of Immigration Decisions in the UK
In October 2013 the UK government produced the Immigration Bill, which became law in 14th May 2014. This Act makes a number of important changes to UK immigration law. The changes that this Act makes place much more significance on Judicial Review as the right to appeal has been reduced.
We can provide you with first class advice on UK immigration law in light of the new Immigration Act. The way immigration law cases work will be significantly different in some situations, now immigration lawyers will have to pursue this route more regularly for their clients. This is why it is important that you get expert representation as soon as possible so that we can help you get the outcome you and your family want.
UK Immigration Law – Appeal Rights Under the Immigration Act
The Immigration Act removes most of the rights of appeal that was available before. Seventeen former rights of appeal will now be removed. Now there will only be four grounds of appeal, all of which fall into asylum or human rights issues.
Judicial Review is one of only two forms of recourse (the other being human rights) to those who want to remedy an unwelcome decision by the Executive. The Immigration Act removes the right to appeal against decisions made under the Immigration Rules. It also removes the ground of appeal where a decision is ‘not in accordance with the law, including Immigration Rules’.
Appeals can continue on the grounds of human rights, however it even in human rights cases involving spouses and children, basic appeals against entry clearance decisions have been removed.
Judicial Review under the Immigration Act 2014
Judicial Review is a procedure that can help you challenge public authority decisions, for example those made by immigration authorities. If you believe that the incorrect decision was made, under the immigration bill you will still be able to bring an application for judicial review. The removal of appeal rights by the bill means that many more cases will be brought forward for judicial review.
If there are no human rights issues in your case, then your only remedy will be judicial review once the Immigration Bill comes into force.
It is vital that you have the right representation in judicial review. We can help you.
From November 2013 most judicial reviews are now heard in the Immigration and Asylum Chamber of the Upper Tribunal. This seems to of had the effect of increasing the number of reviews that reach the higher courts.
Overstayers and Judicial Review
Foreign overstayers seem to benefit from the changes that the Immigration Act have made. Before, those who applied to remain on the basis of family and residence in the UK usually had no right of appeal, however, under the Immigration Act they are now be able to make a human rights claim which will prompt a human rights appeal if refused.
Foreign criminals and Judicial Review
For foreign criminals not much changes for them under the Immigration Act as, if you are in this position, you would normally rely on human rights as a basis for resisting your removal in any case. Notably, however, some foreign criminals may only be able to exercise appeal rights from abroad.
Although foreign criminals and overstayers may benefit from the Act, many lose out because of the loss of right to appeal. The Immigration Act has narrowed the methods of recourse and appeal, meaning that many will no longer be able use appeals, particularly as a method of suspending their removal from the UK.
If you are unsure whether you will be able to appeal your case, it is important to get legal advice as soon as you can. This is why it is more important than ever to get the right legal advice and representation you need. We have invaluable experience in immigration law, we can help you get the outcome you need.
Our team is dedicated to your successful UK Visa application and we make this commitment to all our clients:
- Our initial free visa assessment means we select the right visa for you
- Out team will guide you through the evidence and paperwork needed for your application
- We will fully complete your application form and collate all necessary documentation
- We will submit your application, documentation and evidence on time and on your behalf
- We will liaise with the Home Office regularly to check that your application is progressing
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