Judicial review

Judicial Review is a procedure that the High Court offer to challenge decisions made by public authorities ...

Judicial Review is a procedure that the High Court offer to challenge decisions made by public authorities, including immigration authorities under the grounds that the decision is unlawful in a sense recognised by the Judicial Review principles. 

If the Home Office, UKBA, have refused an application for entry clearance or leave to remain and have not given you the right of appeal, such a refusal can be challenged by way of Judicial Review against the Home Office which needs to be done within 3 months from the date of the refusal letter.

Civil procedure rules require a Pre-Action Protocol notice be sent to the Home Office giving them at minimum of 14 days to review their decision in light of the information or evidence provided via a Pre-Action protocol letter. The Home Office may review their decision to refuse the application, but may decide to maintain the refusal or grant the visa.

If the Home Office, UKBA, do not respond within 14 days of the Pre-Action Protocol letter you have the option to make an application to the Upper Tribunal for permission to apply for Judicial Review. These applications and made via a paper application and the court will grant or refuse permission in writing; without a hearing. Majority of cases are resolved by this stage, however, if permission is refused by the Upper Tribunal, the claimant can apply for renewal of permission for Judicial Review within seven working days to request  court hearing; after which a decision to grant or refuse will be made.

Call us on 0207 887 1916, email us at info@alexandraspencer.co.uk or complete the online contact form to get your judicial review application started.

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