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.
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.
How JR is Beneficial for Me?
- 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
Why us? In your Judicial Review Matter
- Extremely high success rate in these types of cases
- Fixed fees so you stay in control
- Handled hundreds of appeals successfully
- We work very closely with the leading Counsel in the UK to bring you an outstanding outcome
- Wealth of experience and knowledge as to the best way forward for you and your family.
- Direct access to qualified solicitors – with in-depth experience
- Specialist solicitors who can get the application right the first time
- Succeeded in complex cases where others have failed. This can include a situation where the foreign national has a complex immigration history or the refusal involves a re-entry ban of 1, 5 or 10 years
- Consultation with a specialist solicitor to assess your eligibility, avoid disappointment and wasted fees