A judicial review is a form of a court proceeding, usually in the Administrative Court, in which the judge reviews the lawfulness of a decision or action, or a failure to act, by a public body exercising a public function. It is only available where there are no other effective means of challenge.
A judicial review can challenge the way a decision has been made if you believe it was illegal, irrational, or unfair. It is not really about whether the decision was “right”, but whether the law has been correctly applied and the right procedures have been followed.
In a successful judicial review, the court will not substitute what it thinks is the “correct” decision. If you are successful in your judicial review, the case will normally go back to the Home Office, or the court found to have made an error of law. They may be able to make the same decision again, but this time make the decision following the proper process or considering all relevant case law or evidence reasonably.
Reasons for Judicial Review
- If your asylum claim has been certified (no right of appeal within the UK)
- If your further submissions have been rejected as not a fresh claim, with no right of appeal
- If you have been detained unlawfully
- If you have been refused permission to appeal at the Upper Tribunal
- To try and challenge an imminent removal (apply for interim relief – an injunction). See below.
- Your immigration application has been refused and you have no right of appeal on human rights grounds.
Time limit for Judicial Review
An application for judicial review should be made as soon as is reasonably possible, and no later than 3 months after the decision that you are trying to challenge was made. In asylum and immigration cases, this decision will usually be the one made by the Home Office. If you do not receive a response with the time limit, or the response is not satisfactory, and you want to continue to apply for a judicial review, you can move on to the permission stage.
Our immigration solicitors are experts in challenging an immigration refusal through judicial review. For an expert legal advice call our office on 0203 909 8399 or contact us online.
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