Judicial review is a type of court proceeding in which a Judge reviews the lawfulness of a decision or action made by the UK Home Office. Judicial review is the process whereby the Judges of the Administrative Court, and the Upper Tribunal (Immigration and Asylum Chamber) (UT), exercise jurisdiction over the lawfulness of acts or omissions of public bodies and a supervisory jurisdiction over inferior Courts and Tribunals.
Following the changes implemented by the Immigration Act 2014 in respect to the limitations set out for right to appeal following an immigration decision, judicial review becomes a way in which a decision can be legally challenged. This does not necessarily mean that all matters must be reviewed through a judicial review process; however we are able to advise and explain whether there are any legal merits to bring upon a judicial review application against the UK Home Office.
Our highly qualified immigration advisors are accredited by the Office of the Immigration Services Commissioner (OISC), and have a wealth of experience in successfully arguing points of procedure and law before the First Tier and Upper Tribunal of the Immigration and Asylum Chamber.
Here at ICS Legal, we can offer you:
Direct access to an Immigration Lawyer. Click here to book a consultation with one of our immigration lawyers.
A detailed assessment of the merits of your judicial review application.
Legal advice & prospects of success confirmed in writing.
Preparing & lodging of your pre-action letter.
Representation at a hearing before the Immigration & Asylum Tribunal including the High Court.
Full discretion & client confidentiality.
Expert legal advice at a price you can afford.
The time limits for bringing a judicial review are strict. For example, if your immigration application has been refused without a right of appeal or your "administrative review" was refused, you can challenge the decision via judicial review but you must make the application within three months of receiving the letter of refusal.
Matters before a judicial review application
At ICS Legal, if we decide to proceed on a judicial review application, we will draft and submit the “Pre Action Protocol Letter” to the UK Home Office, in order for them to review the decision. In some cases, depending on the legal merits, where we set out the matter with relevant legal authorities and UKVI policies, the UK Home Office sometimes reconsiders the matter in our favour and avoids an expensive legal challenge through the relevant Courts and Tribunals.
Grounds for judicial review
In some cases, ICS Legal will advise you following the outcome of a decision from the UK Home Office, whether or not we should proceed on to a judicial review application. Judicial review is a two-step process and at first, we must submit an application to the court for permission to apply for judicial review, as the right is not granted automatically.
Only if permission is given will the second step which is review of the actual decision occurs. Acts or omissions will be unlawful and open to review by the Administrative Court or the UT if they fall under one of the available grounds of JR:
Illegality whereby there was an error of law in the making of the decision. This can be for an example where the decision maker did not have the power to make the decision or unlawful delegation.
Irrationality (in the Wednesbury sense) or unreasonableness.
Procedural impropriety and unfairness.
The decision was in breach of the human rights Act 1998 (HRA 1998) which usually involving an assessment of proportionality, and the decision breaches EU law.
Refusal of permission for judicial review
To obtain permission from the court to bring a challenge via judicial review you must prove to the court that your claim is arguable. This decision is generally made on the papers only, without an oral hearing. To obtain permission, a claimant has to establish that it has an ‘arguable’ case that merits a full investigation at a full hearing. If the court refuses permission on the papers, an applicant usually has an automatic right to renew that permission application at an oral hearing.
The right legal advice
Getting the correct "immigration advice" is essential whether you decide to proceed on a judicial review application or not. The quality of our legal services is self-evident from the reviews of our clients on an independent business website which you can view by clicking here. Before embarking on a judicial review, speak to ICS Legal Lawyers on 0207 237 3388 or you can complete our contact form by clicking here.