When there is no right of appeal or Administrative Review against the refusal decision or the refusal decision is certified with a right of appeal only exercisable after you have left the UK- the Judicial Review may be the remedy for you, only, if the refusal decision is unlawful, irrational, disproportionate and unreasonable. The Judicial Review is the complex area of UK immigration because it needs lot of expertise and litigation skills. A non-meritorious application for Judicial Review could have adverse costs implications for you.
The time limit for challenging an eligible decision is 03 months from the date of decision but it should be made as soon as practicable. There is a formality of initially sending a pre-action protocol letter to the Secretary of State indicating the potential grounds of Judicial Review. Very rare, the Secretary of State will reconsider the decision because normally it is maintained. In refusal of human rights cases from within the UK, when certified, often removal notices are served and this is when the urgent interim relief application could be necessary to stop an unjust removal.
The Judicial Review itself is a three-stage process:
Stage one (paper only no hearing)
If permission is granted the matter will proceed to a full hearing- if the permission is refused the matter will proceed to stage 2 below. If the permission is refused and the judge has issued a certificate that claim was totally without merit, then normally it is the end of matter here.
Stage two: (permission hearing)
Stage 3: full hearing
It is very unlikely that the Home Office would want to proceed for this hearing because often there is a settlement proposals from the UKVI at this stage. However, if the matter proceeds to the substantive hearing the, the Upper Tribunal or High Court Judge will hear the counsels from both parties and make a decision, either refusing or allowing the Judicial Review.
If the judicial review application is successful, the decision under challenge will normally be ‘quashed’ and sometimes a mandatory order will be made that a visa should be issued but in very rare cases.
In certified human rights or protection claims, the mandatory order for serving an appealable order may be made.
How can we help:
Your designated case worker will assess the merits of your case for a potential Judicial Review and will provide you with a cost estimate and chances of success. In removal or deportation cases, your matter will be prioritised and an urgent interim relief application will be drafted and made in the relevant court or tribunal followed by an application for Judicial Review. In most complex cases, we instruct specialist counsel for opinion and drafting grounds for Judicial Review. The Judicial Review is not simply an application or claim, it requires litigation skills to negotiate settlement terms with the other party and compliance with the case specific directions of the court or tribunal. Any non-compliance could end up in striking out proceedings, costs or even wasted costs. This is why you need someone who knows what he is doing; here at Immigration Solicitors 4me we ensure that we maintain a balance between our duty towards to court and our duty to secure the best interest of clients, therefore we monitor and advice at each step of the proceedings.