Judicial Review (JR):

Judicial review is a process which can be used where no adequate alternative remedy, such as a right of appeal, is available.  A Judicial Review can challenge the way a decision has been made and if there is any illegality, irrationality, or unfairness in the decision making of the Home Office, UK Visas & Immigration or the tribunal.

We understand that Judicial Reviews can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements and advice you on your chances of success before you proceed with Judicial Review. The JR process carries a risk of adverse costs order which means if you lose you may be held responsible to pay the Home Office’s legal costs.

When can you apply for Judicial Review:

The claim for judicial review must be made promptly and, in any event, not later than three months after the date of the decision or the grounds to make the claim first arose.

What Legal Remedies are available in the JR process:

The High Court or Upper Tribunal can grant the following remedies:

• A mandatory order (requiring the body under review to do something)
• A prohibiting order (restraining or preventing the body from doing something)
• A quashing order (setting aside a decision on the ground that it is unlawful), and
• Damages, restitution or the recovery of a sum due

What is a Pre-Action Protocol Letter for Judicial Review:

In good time before making a claim, you should send a Pre-Action Protocol Letter for Judicial Review commonly known as letter before action to the defendant. The purpose of this letter is to identify the issues in dispute and establish whether they can be narrowed, or litigation can be avoided.

What decisions can be challenged by Judicial Review:

The following is a non-exhaustive list of circumstances when judicial review may be an appropriate means of challenge:

• An unsuccessful administrative review
• Unlawful detention
• Allocation to the fast-track asylum process
• Delay in making a decision/failure to make a decision
• Declaration of illegal entry
• Certification of a claim as unfounded
• Refusal to accept a fresh claim for asylum
• Failure to grant permission to work to an asylum seeker
• Error in terms and conditions of grant of leave
• Decisions by the Upper Tribunal to refuse permission to appeal to itself (known as ‘Cart’2 judicial reviews), and
• Third country removals
• Challenge to a decision concerning inclusion on the register of licensed Sponsors maintained by the UKVI
• Challenge to a decision which determines British citizenship
• Application for a declaration of incompatibility under the s.4 of the Human Rights Act 1998
• On information which it is considered should not be made public in the interests of national security
• Public law error in the standard of decision such as failure to give (adequate) reasons for findings of fact on material matters
• The decision breaches EU law

What if your permission to apply for Judicial Review claim is refused:

If permission to apply for JR is dismissed by the Upper Tribunal and your claim has not been found totally without merit, then you may be able to renew application for it to heard at an oral hearing.

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a JR application and/or a renewal application if your permission to apply for Judicial Review claim is refused.

Why Choose Aaryan Solicitors?