Judicial Review
Understanding Immigration Judicial Review: Seeking Legal Clarity at Amicis Legal Services Ltd.
At Amicis Legal Services Ltd., we recognize that challenging immigration decisions can be complex and overwhelming. If you believe that a decision made by the Home Office or a court is unlawful, irrational, or unfair, you may consider an Immigration Judicial Review. Our team of experienced immigration solicitors is here to provide expert guidance throughout this legal process.
What is an Immigration Judicial Review?
An Immigration Judicial Review is a legal process that allows you to challenge the lawfulness of an immigration decision made by the Home Office or a court. It focuses on examining whether the correct procedures and laws were followed during the decision-making process. It is essential to note that a Judicial Review does not assess the merits of the immigration decision itself. Instead, it scrutinizes the legality and fairness of the decision-making process.
When to Consider an Immigration Judicial Review
An Immigration Judicial Review might be the appropriate option if:
- Your individual or business immigration application was unsuccessful, and you suspect the decision-making process was legally flawed, but you do not have the right to appeal the decision.
- You submitted additional evidence in support of your immigration application, but the Home Office rejected it, and you were not granted the right to appeal.
- The Upper Tribunal refused your permission to appeal, and you believe the law was misapplied to your case.
- The Home Office certified your human rights or asylum claim, leaving you with no right to appeal from within the UK.
- You wish to challenge the decision to transfer your asylum claim to another European country under inadmissibility rules.
- You have been unlawfully detained, or you want to challenge your removal from the UK.
If you are at risk of removal or have been detained during the Judicial Review process, it may be necessary to seek an urgent Judicial Review and an interim injunction order.
Appeal vs. Administrative Review vs. Judicial Review
It is crucial to understand the differences between an appeal, administrative review, and judicial review. Each option has its own time limits, and prompt action is necessary to avoid losing your right to challenge the decision.
- Appeal: If you have the right to appeal an immigration decision, it means you can challenge the Home Office’s decision by seeking a review from an independent court or tribunal. The appeal must be filed within 14 calendar days.
- Administrative Review: If you do not have the right to appeal, you may be eligible for an administrative review. This internal review is conducted without a hearing, and the Home Office typically responds within 28 days. The application for administrative review must be made within 14 days.
- Judicial Review: The Judicial Review process focuses on the legality and fairness of the decision-making process, not the merits of the immigration application. The time limit to apply for Judicial Review is three months after the Home Office’s immigration decision or 16 days when challenging an Upper Tribunal’s refusal of permission to appeal a First-tier Tribunal decision.
Determining the best course of action between appeal, administrative review, or judicial review is a complex decision. Seeking advice from an immigration lawyer is essential to understand the availability, timescales, costs, and potential impact on your immigration status and future applications.
The Immigration Judicial Review Process
The Immigration Judicial Review process involves the following stages:
- Pre-action Stage: A pre-action letter is sent to the Home Office, outlining the alleged illegality, irrationality, or unfairness of their decision and the remedy sought. A response is usually expected within 14 days.
- Apply for Permission: A judge decides whether to grant permission for the Judicial Review application to proceed. The application for permission must be made within specific time frames.
- Permission Determination: A judge reviews the paper application and decides whether to grant permission for the Judicial Review. If permission is granted, the Home Office may reconsider its original decision. If permission is refused, you may request an oral hearing to reconsider the decision.
- Judicial Review Hearing: If granted permission, the Judicial Review proceeds to a substantive hearing. A judge will then determine the lawfulness, rationality, and fairness of the Home Office decision.
- Judicial Review Decision: Depending on the outcome, the judge may issue a mandatory, prohibiting, or quashing order, which requires the Home Office to take specific actions in line with the law.
After the Judicial Review
- If the Judicial Review is unsuccessful, you may have grounds to appeal the refusal to the Court of Appeal.
- If the Judicial Review is successful, the Home Office will reconsider the application, adhering to the correct procedures and laws. They may uphold the original decision, addressing any criticisms related to the manner of their previous decision.
Contact Us Today
Trust our experience to achieve the outcome you desire in your Immigration Judicial Review.
Navigating the Immigration Judicial Review process requires legal expertise and guidance. Our team of immigration solicitors at Amicis Legal Services Ltd. is ready to support and advise you on the best course of action for your specific circumstances. Contact us for a free telephone consultation at
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info@amicislegal.com
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03316300380
