An Overview of the Immigration Judicial Review Process
Immigration judicial review is the process where an unlawful immigration decision is challenged legally in the court. It is a type of a court proceeding that enables the victim to challenge the decision on the grounds of unfairness, illegality and irrationality. Through judicial review, the court examines the decision executed by a public body (the Immigration Tribunal or the Home Office UKVI) determining whether or not that decision was legally correct.
What Happens if the Public Authority Has Acted Unlawfully?
Upon review, if the case decision is found to be unlawful, the court sets aside the decisions so that a new lawful immigration decision is made by the public authority. Put simply it goes for reconsideration back to the Home Office UKVI.
Where Should I Lodge My Request for Immigration Judicial Review?
Before 2013 most the applications for judicial review were lodged in the High Court. However, after November 2013, the UTIAC (Upper Tribunal Immigration and Asylum Chamber) decides applications for immigration judicial review made by the Secretary of State for the Home Department. Thus, UK immigration and visa refusal decisions are all lodged in the Upper Tribunal.
Why Should You Work with a Team of Judicial Review Lawyers?
At Gulbenkian Andonian Solicitors, we are passionate about getting our clients justice. So, if you want to challenge the immigration decision made by the Home Office of UKVI or the Immigration Tribunal in your case, then contact us for legal advice. Our experienced team of judicial review lawyers in the UK will first assess your case to determine if it is the best way to get you justice. If so then we’ll assist you cohesively at every step of the way making sure that justice is served.
It is important that you seek help from our professional judicial review solicitors in the UK because judicial review is not a review of the conclusion of the decision but rather focuses on the procedure. This means that it is not focused on the outcome as long as the decision making procedure was followed in compliance with the law. Hence, the tribunal doesn’t substitute what it deems as the ‘correct’ decision.
Therefore, if you think that the decision pertaining to your immigration was incorrect then judicial review may not be the right option for you. According to your case, our lawyers can suggest you the best option.
Administrative Review vs. Appeal vs. Immigration Judicial Review—Understanding the Difference
An administrative review can be defined as an internal review carried by the Home Office. All work pertaining to this review is performed on paper. There is no verbal hearing involved. This type of review costs approximately £80.
If you want to challenge a decision under administrative review then you must submit the request for it within 14 days otherwise it will be considered as invalid. The challenged decision will be reviewed by the employees at the Home Office for errors pointed out in your request. The result of the review will be declared within 28 days of your request submission.
In comparison to administrative review, an appeal is made in the first-tier Tribunal in front of the judge. It is a full hearing of a case. If the appeal is accepted, the decision can be overruled by the judge and they can make their own judgment. And in some situations, the judge can send the decision to the Home Office to be re-made.
If in case the appeal is dismissed and then this decision is appealed in the Upper Tribunal, the case may be remitted back by the judge to the first-tier Tribunal. The case hearing may take place again if an error is found in the decision of the first-tier Tribunal. These appeals come with a cost. For oral appeal, the cost is nearly £140 per appellant and for a paper appeal, the cost is £80 per appellant. This fee must be paid to the first-tier Tribunal. Notification will be made if there is any right of appeal in your decision.
On the other hand, judicial review is quite different from the administrative review and appeal discussed above. Judicial review can only take place if an administrative review or appeal is not available. In simple terms, it is considered as the last resort. Please note that no notification from the Home Office will be made for the right to challenge the decision by way of judicial review. Also, there is no guarantee that judicial review will take place. Thus, you must first submit an application for permission for judicial review.
If you’re granted permission, then a substantive review of the decision will occur. Here it is important to understand that this does not promise a full hearing of the case. It is only a hearing about the decision making process in terms of fairness, rationality and legality. The Counsel will appear on behalf of the Home Office.
What is the Time Limit for the Immigration Judicial Review in the United Kingdom?
As per the Civil Procedure Rules Part 54 of Judicial Review and Statutory review, the claim form must be lodged promptly within three months of the UK immigration or visa refusal decision. The entire process will conclude within two to four weeks if the decision is made at the Pre-action Protocol (PEP) stage. However, it can take up to 10 months if it goes to the substantive hearing stage.
What is the Procedure for Immigration Judicial Review in the UK?
The procedure consists of several stages such as:
- Acknowledgement of service
- Decision on papers
- Reconsideration or oral hearing
- Negotiations settlement
- The Substantive hearing