Immigration Judicial Review

Judicial Review Overview

Recourse Against Unlawful Decisions

Judicial Review is a legal process where a judge examines the legality of a decision made by the Home Office or Immigration Tribunal, focusing on the decision-making process rather than the outcome itself. Judicial Review offers a legal avenue to challenge UKVI decisions, even if the refusal letter may suggest the opportunity for appeal is absent. 

While it remains a last resort option, used when all other avenues, such as complaints or appeals, have already been exhausted. Unlike other processes, there is no automatic notification of this right, and seeking legal advice from a specialised solicitor is recommended because of the complexity involved.

Judicial Review serves as a critical safeguard against unlawful decisions, particularly in the areas of immigration, nationality, and asylum. This court process allows scrutiny of public body decisions, which is important when someone’s future prospects are at risk.

Under SRA regulation, our legal team at Axis Solicitors can seek permission to initiate the Judicial Review proceedings. After a thorough case review, we will confirm if your situation falls under the defined criteria for Judicial Review. However, even then our experts will aim for an early resolution to keep the costs and time consumption at a minimum. In certain cases it may be possible to make the UKVI reconsider before any other court proceedings begin.

Immigration Judicial Review

An Immigration Judicial Review in the UK is a legal process that enables individuals and organisations to challenge the decisions and actions of public authorities concerning immigration issues. The purpose of the immigration judicial review process is to ensure that public authorities act lawfully, fairly, and within their legal powers.

Grounds for Immigration Judicial Review

An Immigration Judicial Review allows you to contest an immigration decision if you believe it is unjust or unlawful. To initiate this process, you must demonstrate that you have a “sufficient interest” or standing in the matter and that there has been a breach of public law. 

The three primary grounds for an Immigration Judicial Review include:

1. Illegality: This ground applies when an immigration decision contradicts existing legislation, immigration rules, or violates a person’s human rights. It involves situations where the public authority has acted beyond its legal powers.
2. Irrationality: A Home Office decision may be deemed irrational if it fails to consider relevant factors, includes irrelevant considerations, or is so unreasonable that no reasonable person could have made it.
3. Procedural Impropriety (Unfairness): This ground covers scenarios where the decision-making process lacked fairness, such as not allowing an individual to make representations or failing to consider relevant policies. It involves a failure to follow proper procedures or a breach of natural justice.

Considering an Immigration Judicial Review is often seen as a last resort. Generally pursued after other options, such as internal complaints or lower court appeals, have been exhausted. Nevertheless, in certain urgent situations where an immediate action is required, an Immigration Judicial Review can actually be a viable avenue for appeal. Therefore, it is always recommended to consult with legal professionals to make sure that your case is eligible and that it is the appropriate legal solution.

What is a Judicial Review in the UK?

Judicial Review is a legal process that allows individuals and organisations to challenge the decisions and actions of public authorities. This can include government departments, local councils, and other public bodies. The purpose of a judicial review is to ensure that public authorities act lawfully, fairly, and within their legal powers.

To initiate a judicial review, you must demonstrate that you have a “sufficient interest” in the matter and that there has been a breach of public law. This could include a failure to follow proper procedures, an unreasonable decision, or a decision that is outside the scope of the public authority’s legal powers.

How does a Judicial Review Work in the UK?

In the UK, a judicial review is typically heard by the High Court. The process involves a review of the decision or action in question, as well as the procedures that led to it. The court will consider whether the public authority acted within its legal powers, followed proper procedures, and acted fairly and reasonably.

If the court finds that the public authority acted unlawfully, it may issue an order to quash the decision or action. It may also issue other orders to correct the situation, such as ordering a public authority to reconsider a decision or to take a particular action.

What are the Costs Associated with Judicial Review in the UK?

The costs associated with a judicial review can vary depending on the complexity of the case and the length of the proceedings. In some cases, legal aid may be available to cover the costs of the proceedings. However, legal aid is not available for all types of cases, and it may be subject to certain eligibility requirements.

In cases where legal aid is not available, the costs of a judicial review can be high. These can include court fees, legal fees, and other associated costs. At Axis Solicitors, we understand the financial implications of a judicial review, and we offer competitive pricing and flexible payment options to ensure that you can access justice without undue financial burden.

Do you need to take any steps before applying for Judicial Review?

The first step in the Judicial Review procedure is to write a formal letter to the decision-making body setting out your proposed claim and what you are seeking. This is known as a pre-action protocol letter (which is also known as a letter before a claim/action). This gives the decision-making body a chance to withdraw their decision or correct their mistake without having to go to the judicial review stage. A response is normally expected within 14 days. If there is no response to the Pre-Action Protocol letter or it is unsatisfactory, you may proceed to lodge a Judicial Review claim.
As the judicial review is a complex procedure, we advise you to seek legal advice from our expert lawyers by contacting us at 0800 048 7573 or by sending us an email at contact@axis.lawyer before proceedings with any application so that they can provide you with the correct advice on how to approach your matter by informing you of the merits of success in your case. Our highly reputable solicitors can guide you through the process of judicial review with confidence.

What are the grounds for applying for Judicial Review?

Judicial review can be challenged on the following grounds:

1. Illegality – a decision can be overturned on the grounds of illegality if the decision maker did not have the legal power to make that decision.
2. Irrationality – a decision can be overturned on the grounds of irrationality if it is so unreasonable that no other reasonable person, acting reasonably, would have come to make that decision.
3. Procedural Unfairness – a decision can be overturned if the public body has acted incompatible with human rights that are given effect by the Human Rights Act 1998.

There are also other grounds under which you can bring a claim for Judicial Review.
If you feel like the decision you have received is unlawful and have not received a right of appeal, call us on 0800 048 7573 from Monday to Friday.

What happens if permission for Judicial Review is Refused?

If your application for permission is refused on the papers you may be able to apply to “renew” the decision. This means you are asking the court to reconsider the decision in an oral hearing rather than on the papers.

What happens if permission to seek Judicial Review is granted?

If permission for Judicial Review is granted, there will then be a substantive hearing. The substantive hearing will however usually take place a few months after receipt of evidence from the other parties and the claimant filing any further evidence. A few weeks before the hearing, we will arrange all your documents and prepare a bundle, which will be sent to the court and relevant parties.
The Respondent (decision-making body) may offer to reconsider their original decision before the case proceeds to the final hearing. If this happens, we will assess your case and advise you on the best action.
If you cannot agree with the public body, the case will proceed to a full Judicial Review hearing at which the Judge will consider the claim in detail.
For detailed advice, kindly contact our public law team at 0800 048 7573 or email us at contact@axis.lawyer, who would be able to assess the merits of your case and discuss your case in further detail.

What are the possible remedies for Judicial Review?

The remedies the court can award in a judicial review are discretionary. If a claim is successful, the main remedies awarded by the Court are likely to be limited to one or more of the following:

1. Quashing Order – this order overturns or makes null a decision or action under review, rendering it legally void.
2. Prohibiting Order – this order prohibits a public body from making a decision or taking an action that it has not yet taken place.
3. Mandatory Order – this order compels a public body to do something, e.g., to remake a decision within a designated period of time.
4. Declaration – a declaration is a statement of what the law is, where disputed.
5. Damages – this orders a public body to pay damages. However, this is only available where some other form of legal remedy is also being sought.

How long does a judicial review take to be concluded?

This depends on how far the case proceeds and on many factors which are out of our control. It depends on the courts capacity as to when they are able to list your case.
Generally, a judicial review up to a final hearing can take 9-12 months to conclude. It may take less time if, for example, the decision-maker settles the claim early.

What are the chances of success for my Judicial Review Claim?

The chances of success will depend on the unlawfulness and reasons for refusal of the decision-making body. We will need to assess the merits of your case by looking at all aspects of your case. Judicial Review can be a time-consuming and complex process.
For detailed advice, kindly contact our public law team at 0800 048 7573 or email us at contact@axis.lawyer, who would be able to assess the merits of your case and discuss your case in further detail.

How can Axis Solicitors Help Me?

We at Axis Solicitors can assist you whatever stage you are at. We are in demand for our specialist expertise, and our clients know that we will give them clear, honest and practical advice throughout the process.
At Axis Solicitors, our public law experts have extensive knowledge of the process of bringing and defending a claim. Whether you are seeking to apply for a judicial review, or you are public body facing one, we can help.
Swift action is essential; we will work responsively with you all the way for the best outcome. Sometimes just making the application for a judicial review can be enough to trigger a re-examination of the situation and potential negotiation. Please feel free to get in touch with our public law experts. With the help of our expert lawyers, we ensure that the process is stress-free and smooth for you by ensuring our team are keeping you up to date at all stages of the process.