Judicial Review
At Advantage Solicitors, we understand that applying for Judicial Review can be a challenging and often overwhelming process. From carefully assessing the decision in question and identifying strong grounds for challenge to preparing detailed legal arguments and guiding you through the court procedure, our experienced immigration solicitors will support you every step of the way to ensure your case is handled with clarity, precision, and the best possible chance of success.
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Judicial Review Overview
Judicial review is the way in which one can challenge the lawfulness of a decision or action of the Home Office, or the Immigration Tribunal and have exhausted all available alternative remedies. Our immigration lawyers can advise you on the merits of applying for immigration judicial review and represent you in immigration judicial review proceedings.
What is Immigration Judicial Review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action of the Home Office or the immigration tribunal. In a judicial review case the Judge will look at the way the Home Office or Immigration tribunal reached its decision rather than whether the decision was correct or wrong. In essence Judicial review allows you to challenge the process followed by the Home office or Immigration Tribunal.
Examples of Immigration Judicial Review Claims
The following are common examples of when an immigration judicial review claim may be appropriate:
• Your immigration application has been refused by the Home Office, you have no right of appeal to the First-tier Tribunal and you are not satisfied with the outcome of your Administrative Review application;
• Your asylum or human rights claim has been certified by the Home Office as clearly unfounded, meaning you have no right of appeal;
• You have made further submissions to the Home Office and these have been rejected as not amounting to a fresh claim, with no right of appeal;
• Your appeal to the First-tier Tribunal has been dismissed and your application for permission to appeal to the Upper Tribunal has been refused by both the First-tier Tribunal and the Upper Tribunal, but you still believe that the decision on your immigration application contains an error of law;
• You wish to challenge the lawfulness of your detention;
• You wish to challenge an imminent removal or deportation.
Grounds for Immigration Judicial Review
There are three main grounds of immigration judicial review: illegality, procedural unfairness, and irrationality.
• Illegality: the decision-maker did not have the legal power to make the decision;
• Procedural unfairness: the process leading to the decision was improper;
• Irrationality: the decision under challenge is so unreasonable that no reasonable person, acting reasonably, could have made it.
In addition, a decision of the Home Office or Immigration Tribunal can be challenged on the ground that the decision-maker acted in a way which is incompatible with human rights that are given effect by the Human Rights Act 1998.
If a decision by the Home Office is found to be unlawful, unfair, irrational or contrary to human rights, then the decision will not be re-made by the Judge. Instead, it will go back to the Home Office for reconsideration.
It is important to note that immigration judicial review is not an appropriate legal procedure if you wish to argue that a decision of the Home Office or Immigration Tribunal is simply wrong, or if there is another avenue of appeal or review available.
At Advantage Solicitors, our immigration judicial review lawyers can advise on the most appropriate way to challenge a decision of the Home Office and, where appropriate, draft grounds for judicial review.
Considering a Judicial Review?
If you are looking to challenge a decision through Judicial Review, our experienced immigration solicitors are here to help. Please fill in the form below and a member of our team will contact you shortly to guide you through the process.
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