UK Family Law
Immigration Judicial Review
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
Judicial Review is a process by which individuals can challenge the lawfulness of decisions or actions of the executive, including those of Ministers, Local authorities, other public bodies and those exercising public functions. It is largely judge-developed procedure and can be characterised as the rule of law in action. It is, however, intended to function quickly and proportionately. Certain protections are in principle provided against spurious claims, and they usually work in practice, Judicial Review is not available if there is an alternative remedy (such as statutory right of appeal); only those with sufficient interest in the outcome are able to bring case and they must first obtain permission for their case to be heard.
A Judicial Review (JR) pre-action protocol (PAP) is normally a letter sent to the UKVI /Home Office which challenges an action taken by the UKVI/Home Office and threatens that a Judicial Review (JR) will be lodged if a satisfactory response is not received. The challenge can be to any part of our activities and can include not only a decision we have made but also a delay in making a decision. The pre-action protocol (PAP) is designed to enable disputes to be resolved before they reach court. It operates for cases in England and Wales.
We act for clients before every higher level court, including:
- The Special Immigration Appeal Commission (SIAC)
- The Court of Appeal
- The Supreme Court
- The European Court of Human Rights
- The Court of Justice of the European Union
Immigration Judicial Review Proceedings
Our work also encompasses Judicial Review proceedings in immigration cases where the Secretary of State has taken an unlawful decision or action and
there is no alternative remedy.
We can apply for a Judicial Review to seek:
- A mandatory order (i.e. an order requiring the Secretary of State to do something such as process a pending/outstanding application).
- a prohibiting order or a quashing order (i.e. an order quashing the Secretary of State’s decision such as in deportation cases)
We can make an application for Judicial Review not only to challenge decisions or to delay removal but also to prompt the Home Office to produce an initial decision in the first place because all other avenues (such as letters and complaint to MPs) have failed. A judicial review is a vital tool not just for the challenging unlawful decision but also for inertia.
Given the well-documented delays at the Home Office claimants may resort to judicial review in order to get a decision out of the Home Office. In such circumstances, judicial review is not a means of blocking an administrative decision, but of getting one in the first place.
Why you should contact Asher & Tomar Solicitors to initiate your Judicial Review Proceedings and represent you throughout the Judicial Review process.
Upon your instructions we might have to engage a barrister to draft the grounds of Judicial Review and represent your Judicial Review if the paper application of the Judicial Review will fail to be accepted by the Learned Immigration Judge, then it will be renewed by the Oral Application and a hearing date will be allocated to that affect.
First of all you may read our reviews which will clarify your doubts about us, the level of service provided by our team of our Immigration Solicitors is beyond expectation and our aim is your success and we have a proven track record of the same. Our Immigration Solicitors will provide you the best affordable and perfect service as they in-depth knowledge about the Immigration Laws/Rules.