Renewal of Judicial Review Application – Oral Hearing & Substantive Hearing

Renewal of Judicial Review Application - Oral Hearing & Substantive Hearing

Once the JR application is refused by the Upper Tribunal (Asylum and Immigration Chambers) or the High Court, on papers, the applicant may renew the JR application to be reconsidered in an oral hearing.

Time to Lodge JR Application

The deadline to make this application is 09 Days from the date of decision of the Upper Tribunal (Asylum and Immigration Chambers) or the High Court.

Oral Hearing

One has to carefully consider the reasons given by the UT or the High Court while refusing the JR permission application on papers, to assess whether the permission application should be renewed at all or not.

The main point here is to identify an error of law in the decision of the Home office and also to address any reasons given by the UT or the High Court while refusing the JR permission application on papers. We rely on our really good team of barristers that we have on our panel for their advocacy skills and liaise with them to discuss best way to address the issues.

Outcome of the Permission Application (Oral Hearing)

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.

On the other hand should the permission to apply for Judicial Review JR is refused and permission to appeal to court of appeal is also refused by the Upper Tribunal or the High Court; an application can then be made to the Court of Appeal for permission to appeal to the Court of Appeal against the both orders of the Upper Tribunal refusing permission to apply for Judicial Review.

Substantive Court Hearings at the Upper Tribunal

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 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
How our Immigration Lawyers can help you with (permission to bring) Judicial Review JR process in the Upper Tribunal of Immigration and Asylum chamber or the High Court?

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 info@chauhansolicitors.com and once in contact, be assured that you will be in safe hands.