Favourites
Facebook
Twitter
Email
Digg
Delicious
Judicial Review
Why Do I Need a Judicial Review?
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.
Why Do I Need a Judicial Review?
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.
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.
• 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
•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 UK Migration Lawyers 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 solicitors will immediately clarify whether or not this route is available to you.
Call now to speak to an immigration specialist on 0121 702 1407 Should you need an in depth consultation, consultations are charged at £250 per hour.
* as of 1st April 2011
** this is dependent on whether the same day service is available for a particular category by the home office.
