Judicial Review is a challenge to the legal validity of a decision that has been decided by the lower tribunals. It does not allow the Court to make a decision on the specific merits of the unsuccessful case by reviewing the evidence. The review court is only interested in whether or not there was abuse or misuse of authority, departure from normal procedure where it ought to have been observed or where the decision made was grossly perverse, irrational or disproportionate.
Has your visa application been refused by the UKVI? If so you may be able to apply for an Administrative Review or Judicial Review of the decision, contact us now to speak with one of our specialist immigration solicitor’s who will advise you on the most appropriate action to take.
Judicial Review will normally be rejected where there is an alternative remedy, so it is essential that legal help is sought if Judicial Review is your last recourse against a decision. The most common circumstances where JR is sought are;
– Where the Secretary of State does not accept that a fresh claim was made
– Where a claim has been certified and is no longer appealable or that it is unfounded
– Where there is a pending deportation especially when it relates to Human Rights based challenge
Making a Claim for Judicial Review
Before an application can be made, the Pre-Action Protocol for a Judicial Review must be consulted and adhered too. The protocol can be set aside in urgent cases or where removal directions have been set. However there must be a letter before claim which is lodged too the Secretary of State for the Home Department (SSHD) in which grounds that substantiate the issues which are being disputed are presented. It is of upmost importance that this letter is succinctly and accurately otherwise a Home Office caseworker could deem the Judicial Review to have no merit.
An application for permission to apply for Judicial Review must be sought first and must be done within 3 months from when grounds for the application first arose. There can be no extension of this time limit so it is important that you act promptly to avoid refusal of Judicial Review.
If permission is accepted, you need too compile a trial bundle which is indexed and paginated consisting of all relevant documentation x 2 the bundle must be filed to the court and served on the defendants, no later than 21 days before the hearing.
You can opt to not have a hearing if you so wish, however all parties must agree too this. A Judicial Review can also be discontinued if the claim form is yet to be served on any parties.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation.