This is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).
In Immigration matters a Judicial Review (JR) is the most effective remedy where no alternative remedy is available e.g. the Home Office has not granted a right of appeal or administrative review or statutory right of administrative review has been exhausted etc. The Applicant can challenge the original and any subsequent decision within 90 days from the date of the refusal on form T480 UTIAC Judicial Review Claim Form.
Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Judicial Review JR process in the Upper Tribunal.
It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home office to respond to our Pre-action Protocol letter.
The most important thing is to identify the issues raised by the Home office and to see whether a fair decision has been made in the light of the information or documents submitted with the original entry clearance or further leave to remain application or any relevant immigration application. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the home office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.
After the Pre Action protocol has been served on to the Home Office and you do not agree with the response from the Home Office or Home Office has not responded to your Pre- action; we can issue a claim form in the Upper Tribunal for permission to apply for Judicial Review. Initially the Upper Tribunal UTIAC shall decide on papers applications for (permission to bring) judicial review against decisions of the Home Office i.e. Secretary of State for the Home Department, entry clearance officers ECOs and others official acting on behalf of Home Office.
Time to Lodge JR Application
The deadline to lodge Permission application of Judicial Review is 90 days from the date of the most recent decision of the Home office. In case of the applicant being given right of administrative decision, it would be from the date of refusal of administrative review application, while in case where there was no right of administrative review it would be the date of the notice of decision issued by the home office.
Grounds of Judicial Review
One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal or the High Court. The main point here is to identify an error of law in the decision of the Home office. It needs to be assessed whether the secretary of state for Home department has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the Upper Tribunal or the higher courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.
Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 21 days to file “Acknowledgment of Service” along with the grounds of defence. The Upper Tribunal or the High Court whichever is applicable, taking account of arguments and documents presented by both parties, makes a decision.
The Upper Tribunal (Immigration and Asylum Chambers) or the High Court, whichever the case may be, may take one of the following actions:
- Grant permission for Judicial Review on all grounds
- Grant permission for Judicial Review on one or more grounds
- Refuse permission for Judicial Review
If permission is granted on all or limited grounds, the matter is then scheduled for a substantive court hearing at the Upper Tribunal (Immigration and Asylum Chambers) or the High Court and both the parties are issued with specific directions for the preparation of the substantive court hearing.
If the permission is refused then the claimant may then apply to renew the permission application in an oral hearing.
Once permissions is granted, the matter is listed for hearing at the Upper Tribunal (Immigration and Asylum Chambers) or the High Court and we then prepare for the substantive court hearing, which includes complying with the directions issued by the Upper Tribunal or the High Court, preparing bundles for the hearing and a brief for the counsel and finalizing Skeleton arguments. Here comes the job of the Immigration Barristers once again and we really trust our barristers in arguing the legal flaws in the decision of the Home office or the Tribunals, and have won several Judicial Review matters for our clients. Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare the cases accordingly.
Following are some of the circumstances when a permission to apply for Judicial Review application in the Upper Tribunal UTIAC or the High Court, JR proceedings may be lodged against the decision of the Home Office, UKVI:
- The Home Office refuses application for leave to remain (visa extension or variation of leave to remain or Indefinite leave to remain application) without a right of appeal.
- The Home office refuses the administrative review applications made against the refusal of the visa extension or variation of leave to remain or indefinite leave to remain application.
- The Home Office cancels or revokes leave to remain or entry clearance without a right of appeal
- The Secretary of State Home department refuses to exercise her discretion (outside immigration rules).
- The Entry Clearance Officer (visa officer) in British Diplomatic post overseas / British High Commission / British Embassy refuses entry clearance visa application without a right of appeal or right to administrative review or administrative review has been exhausted.
- The Home Office refuses application for British citizenship.
- The Home Office refuses an application for sponsorship license to employ overseas workers or recruit overseas students
- The Home Office revokes sponsorship license of an existing license holder business.
Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.
Mr. Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers:
- Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
- Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
- Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
- Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
- Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
- Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
- Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
- Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.
Our Immigration Solicitors are just a phone call or an email away and are available at 0203 514 2536 or email@example.com and once in contact, be assured that you will be in safe hands.