Judicial Review
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What Is Judicial Review?
Judicial review is a legal mechanism through which the courts examine the lawfulness of decisions or actions taken by public authorities. This includes government ministers, local authorities, and any bodies exercising public functions. In the context of immigration law, judicial review is commonly used to challenge decisions made by the Home Office relating to immigration, asylum, or human rights claims. In addition, judicial review may also be used to challenge certain decisions of the First-tier Tribunal.
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Judicial Review
OVERVIEW
Specialist Advice and Representations
Our specialist solicitors have regularly assisted applicants with Judicial Review applications and are experts in preparing and presenting Judicial Review applications. We regularly handle highly complex appeals and can leverage our expertise to assist you with your application for Judicial Review. Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.
In order to bring a claim for judicial review, the claimant must demonstrate that they have a “sufficient interest” in the matter. This requirement is satisfied where the decision directly affects the individual, or where they are part of a group impacted by the decision in question. Judicial review claims must also be brought promptly and, in any event, within three months of the date on which the grounds for the claim arose.There are three principal legal grounds upon which a judicial review may be based:
- Illegality – where the decision-maker has acted outside their legal powers
- Procedural unfairness – where the process followed was unfair
- Irrationality – where the decision is unreasonable in the legal sense
The Judicial Review Process
Judicial review proceedings can be complex and typically involve several stages, each requiring careful preparation. The process is generally divided into three main phases:
Pre-Action Conduct
Before commencing proceedings, the claimant must comply with the pre-action protocol. This includes:
- Exploring alternative remedies, such as appeals or other forms of dispute resolution
- Requesting any relevant documents or information from the decision-maker
- Sending a formal “letter before claim” to the public body, setting out the basis of the challenge and allowing a reasonable period (usually 14 days) for a response
- Waiting until the response deadline has passed before issuing proceedings
Failure to comply with these requirements may result in adverse consequences, including cost penalties.
Application for Permission
If the matter is not resolved during the pre-action stage, the claimant may proceed by applying for permission to bring a judicial review claim. The application must be lodged with the appropriate court, which may be either the Upper Tribunal or the Administrative Court, depending on the nature of the case.
To initiate the claim, the claimant must:
- Complete and submit the relevant application form
- Specify the remedy sought
- Demonstrate that the claim is arguable in law
- Provide detailed grounds of claim and supporting evidence
A copy of the application must also be served on the defendant public body. The defendant then has 21 days to file an acknowledgement of service, setting out its response to the claim. In some cases, the matter may be resolved at this stage without proceeding further. If the claim is contested, the court will consider the written materials submitted by both parties and decide whether to grant permission. If permission is granted, the case proceeds to a substantive hearing.
Substantive Hearing
Following the grant of permission, the case will proceed to a full hearing. It typically takes between three and six months for a decision to be made on the permission stage.
Prior to the hearing, the claimant must prepare and submit a skeleton argument. This document should include:
- The legal issues to be addressed at the hearing
- A chronology of relevant events
- A list of key documents for the court’s consideration
The skeleton argument must generally be filed no later than 21 days before the hearing. At the hearing itself, the claimant or their legal representative will present submissions before a judge, who will consider the arguments and evidence before reaching a decision.
Remedies of an Immigration Judicial Review
Following a judicial review, the court will determine whether the decision under challenge was made lawfully. The judgment will set out the court’s reasoning and, where appropriate, indicate the steps that the decision-maker must take as a result.
When issuing a judicial review claim, the claimant must clearly identify the remedy sought. The court may grant one or more of the following forms of relief:
- Mandatory order – requiring a public authority to carry out a legal duty it has failed to perform
- Prohibiting order – preventing a public authority from taking an unlawful action or making an unlawful decision
- Quashing order – setting aside a decision that has already been made
- Injunction – a temporary measure requiring or restraining action by a public body pending the outcome of the case
In immigration-related judicial review proceedings, a successful claim will most commonly result in either a quashing order or interim relief by way of an injunction.
Where a quashing order is granted, the Home Office will be required to reconsider the matter and make a fresh decision in accordance with the law.
Urgent Judicial Review Applications in Immigration Cases
In certain circumstances, an application for judicial review may be treated as urgent and considered on an expedited basis. Such applications are typically made using Form N463.
Urgency may arise in a range of immigration and asylum contexts, including where:
- The applicant is at risk of imminent removal from the UK
- Immediate interim relief is required to compel a public authority to act where it has unlawfully failed to do so
- A local authority has not provided necessary interim accommodation, resulting in homelessness
In urgent cases, strict compliance with the pre-action protocol may not be required. However, the applicant is still expected to notify the defendant of the intention to bring proceedings. Where urgency is accepted, the court may expedite the process and, in appropriate cases, make an interim determination without requiring all standard procedural stages to be completed.
How Can Our Immigration Lawyers Help You?
Our team of specialist immigration lawyers can assist you Judicial Review Application through expert legal advice, guidance, and representation on a fixed fee basis.
Why Choose Our Specialist Immigration Lawyers?
Our expert immigration lawyers have a wealth of experience in handling complex Judicial Review applications and have successfully assisted many applicants with their Judicial Review claims. Below is a summary of reasons why we are different and are the right fit for you:
High Quality Advice and Representations
Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.
Remote Legal Services
Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.
Specialist Advice and Representation
If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.
Fixed Fees With Payment Plan
To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.
Free Immigration Advice Online
Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.
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