Immigration Judicial Review: Understanding the Process
Judicial Review is a legal procedure whereby individuals can challenge the lawfulness of decisions made by public bodies, such as the Home Office. In the context of immigration law, it serves as a mechanism to contest decisions that may be deemed unlawful, irrational, or procedurally improper.
Grounds for Judicial Review
A Judicial Review can be initiated on the following grounds:
Illegality: The decision-maker has acted beyond their legal powers.
Irrationality: The decision is so unreasonable that no reasonable authority would ever consider imposing it.
Procedural Impropriety: There has been a failure to follow fair procedures or a breach of natural justice.
Time Limits for Filing
An application for Judicial Review must be filed promptly and, in any event, within three months from the date of the decision being challenged. It’s important to note that initiating a Pre-Action Protocol does not extend this time limit.
The Pre-Action Protocol
Before commencing Judicial Review proceedings, it is customary to send a Pre-Action Protocol letter to the Home Office. This letter outlines the issues in dispute and provides the Home Office with an opportunity to reconsider its decision, potentially avoiding litigation.
The Judicial Review Process
Pre-Action Protocol Letter: Draft and send a letter to the Home Office detailing the grounds for challenge.
Filing the Claim: If the response is unsatisfactory, file a claim for Judicial Review in the appropriate court.
Permission Stage: The court will assess whether there is an arguable case. If permission is granted, the case proceeds.
Substantive Hearing: Both parties present their arguments, and the court makes a determination.
Outcomes of Judicial Review
If successful, the court may quash the original decision, requiring the Home Office to reconsider the matter lawfully. However, the court does not substitute its own decision for that of the Home Office
Seeking Legal Assistance
Given the complexities involved in Judicial Review proceedings, it is advisable to seek expert legal advice. At HM & Co. Solicitors, our experienced immigration lawyers can guide you through each step of the process, ensuring that your case is presented effectively.
Your Questions, Answered
FAQs
Judicial Review – FAQs
What is a Judicial Review in Immigration?
A Judicial Review is a legal process used to challenge a decision made by a public authority, such as the Home Office, when there is no right of appeal. In immigration matters, it is typically used when a visa application or immigration decision is believed to have been made unlawfully, unreasonably, or with procedural unfairness.
Should I Appeal or Apply for a Judicial Review?
This depends entirely on the nature of the refusal. In many immigration cases, an appeal route is available and may be preferable. Judicial Review should only be pursued where no right of appeal exists or where the appeal process has been exhausted. At HM & Co. Solicitors, we carefully assess your situation and advise you on the most appropriate legal route.
What is the Legacy Programme?
The so-called "Legacy Programme" refers to historic unresolved immigration cases. While there has been speculation about an amnesty, it is important to be cautious of advisers promising guaranteed outcomes. Although there is no formal amnesty in place, individuals who have remained in the UK for an extended period may have legal options. Our team can advise you on your eligibility to regularise your status under current immigration rules.
Does HM & Co. Undertake Judicial Review Cases?
Yes, our legal team has extensive experience in pursuing Judicial Review claims against decisions made by the Home Office and other public bodies. We handle each stage of the process – from the initial pre-action letter through to court proceedings if required.
If My Judicial Review is Successful, Can I Recover My Legal Costs?
In many cases, yes. If your Judicial Review is successful, the court may order the Home Office to cover your legal costs. Our solicitors regularly recover costs for clients and will guide you through the process to maximise your chances of reimbursement.
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