Judicial review (JR)

If you have made an application to the Home Office and it has been refused, you might be able to appeal that decision. If you have not been given right of appeal against the refusal of the application it may be possible to seek an administrative or judicial review of that decision within 90 days from the date of the refusal decision.

Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body exercising a public law function. You will be required under The Civil Procedure Rules to comply with the Pre-Action Protocol Procedure by giving the Home Office at least 14 days to review their decision asking them to change their decision in light of the information/documentary evidence given through Pre-Action Protocol letter. The Home Office may withdraw or amend their decision to refuse the application and may either maintain the refusal decision.

If the Home Office maintains the refusal decision or the Home Office does not respond to the Pre Action Protocol letter within stipulated period, you have right to make an application to the Upper Tribunal for permission to apply for Judicial Review. Such application is made on papers and the court may refuse or grant permission on papers without a court hearing.

If paper application for permission to apply for judicial review is refused by the Upper Tribunal, the claimant can then make an application for renewal of permission for Judicial Review within 7 days for the permission application to be decided after a court hearing. Your application will then be listed for hearing and the permission may be granted or refused after the court hearing.

If the permission is granted either at the stage of application on papers or after the hearing in the court, the Judicial Review (JR) will then be listed for substantive hearing whereby the Upper Tribunal will decide whether or not the decision of the Home Office is in accordance with the relevant laws.

If permission to apply for Judicial Review (JR) is refused by the Upper Tribunal following oral hearing, an application can then be made to the Court of Appeal for permission to appeal to the Court of Appeal within 7 days of the order of the Upper Tribunal refusing permission to apply for Judicial Review.

The decisions made by the Home Office can be complex and seeking the advice and assistance of a specialist Immigration Solicitor is highly recommended.

Here at Paramount Solicitors we offer a service designed to advise and practically assist you with any appeal or review. We can advise as to the merits of your case right through to lodging an appeal and representing you at a hearing.

Our highly qualified Solicitors have an extensive experience in successfully preparing and submitting Judicial Reviews before the First Tier and Upper Tribunal of the Immigration and Asylum Chamber.