What is Judicial Review?
Judicial review is a type of court proceeding used to challenge the lawfulness of decisions or actions made by public bodies, including ministers, local authorities, and others who exercise public functions. In the context of immigration law, judicial review can challenge administrative decisions made by the Home Office related to immigration, human rights, or asylum applications.
Beyond challenging decisions made by the Home Office, judicial review can also be used to challenge decisions made by the First-Tier Tribunal. It’s important to consider all options before making a claim for judicial review, as it differs from an administrative review or appeal. Judicial review does not determine whether a decision is right or wrong; it only assesses whether the process used to reach the decision was lawful.
Seeking the advice and assistance of an immigration specialist, like those at Salam Immigration, is highly recommended due to the complexity of appeals and reviews of Home Office decisions.
Who Can Make a Claim for Judicial Review?
To make a claim for judicial review, the claimant must have a “sufficient interest” in the case, meaning the decision affects them directly. This could relate to a personal decision or one affecting a group or community the claimant is part of. Additionally, claims must be made within three months of the decision, and after the grounds for the claim arose.
Applications for judicial review can be made on three main grounds: illegality, procedural unfairness, and irrationality.
Immigration Judicial Review Application Process
The judicial review process can be lengthy and time-consuming, involving several stages, each with its own complexities.
Stage 1: Pre-action Conduct
Before making a judicial review claim, you must follow the pre-action protocol:
- Attempt Alternative Dispute Resolution – you must show efforts to find alternative remedies, such as appealing to a higher court.
- Request Necessary Information and Documents.
- Send a Letter Before Claim – notify the public body of your intention to make a judicial review claim, with a response deadline, typically 14 days.
- Wait for a Response – wait until the response deadline before making your claim, even if no response is received.
Failure to follow the pre-action protocol could result in sanctions.
Stage 2: Application for Permission
If no resolution is reached after the pre-action conduct, you may submit an application for permission for judicial review to the appropriate court, either the Upper Tribunal or the Administrative Court. An immigration lawyer can advise on the correct court for your case.
You must complete an application form, detailing the type of remedy sought and demonstrating an “arguable case.” Submit this form along with detailed grounds of review and supporting evidence. The public body will have 21 days to file an “acknowledgement of service,” setting out their grounds for contesting the claim. The court will then decide whether to grant permission for judicial review based on the evidence provided by both parties.
Stage 3: The Hearing
It usually takes between three to six months for the court to decide on your permission application. If granted, your case will proceed to trial. Before the hearing, you must submit a skeleton argument, including:
- The points you intend to raise
- A timeline of your case
- Documents to be read by the Tribunal or High Court in advance
Submit your skeleton argument at least 21 days before the hearing. During the hearing, either you or your lawyer will present the legal argument to a judge for detailed consideration.
Contact Salam Immigration today and let our experts guide you.
After the Immigration Judicial Review
Following the oral hearing, the judge will adjourn the case to create a written judgment about the decision in question. This judgment will include the reasons for their decision and details about whether the defendant acted lawfully or not, along with what actions should be taken.
When you submit your judicial review claim form, you must specify the remedy you are seeking, which can be one of the following:
- Mandatory Order: Requires a public body to perform a duty imposed by law.
- Prohibiting Order: Prevents a public body from making an unlawful decision that has not yet been made.
- Quashing Order: Overturns or nullifies a decision that has been made.
- Injunction: A temporary order requiring a public body to take action or refrain from action while waiting for a decision in your case.
Successful immigration judicial review applications often result in either a quashing order or an injunction, compelling the Home Office to remake a decision.
Urgent Applications for UK Visa Judicial Reviews
In general, judicial review claims must adhere to strict processes and timelines. However, special allowances are made for urgent considerations. You can submit an urgent application for judicial review using Form N463.
Urgent situations in immigration and asylum cases may include:
- Facing removal from the UK
- An urgent need for an interim order to compel a public body to act lawfully
- Failure of a local housing authority to secure interim accommodation, resulting in homelessness
In urgent cases, the pre-action protocol may not be required, but you should still inform the defendant of your intention to make a claim. Urgent cases are processed more quickly, and you may receive a swift decision from a judge without going through all the usual stages.
How Salam Immigration Can Assist with Your Judicial Review Application
Navigating judicial review cases is complex and challenging without professional legal assistance. It is highly recommended to seek the help of legal professionals for your immigration judicial review claim.
Our immigration lawyers are well-versed in the appeal system and UK visa and immigration judicial review proceedings. We offer comprehensive support throughout your claim for judicial review.
Our Appeal Package includes:
- Detailed consultation about your situation
- Advice on the merits of appealing against the refusal
- Completion and submission of all required appeal forms to a professional standard
- Development of a comprehensive document bundle for the court, outlining the details and merits of your appeal in chronological order
- Expert representation at the full hearing before the tribunal
- Liaison with appellate authorities throughout the duration of your appeal
We offer immigration advice sessions through face-to-face appointments at our UK offices, or via phone consultations.
Contact Salam Immigration today for professional guidance on your judicial review claim.
