Judicial Review is the process through which the judges evaluate the decisions of public bodies and make sure if the law has been rightly followed. It is significant to notice that the judicial review is not type of a re-trail rather judges restrict themselves focusing on whether the decision that has been challenged was lawful and adheres with the principles of public law.
The Judicial Review or JR is considered as an integral part of UK immigration and it demands a wealth of expertise and experience. It can be time consuming and expensive process as well but it could be the last way that people have to challenge any abuse of power within public bodies and government. It is thus important to uphold the rule of law
An application for Judicial Review must be made within 3 months. The time limits are strictly applicable and both parties to JR cannot agree for an extension decided among them. In fact, it is advised to look for immediate legal advice and support in such decisions and concerns.
The JR process is usually a three stage procedure as explained below:
In case, the permission is allowed then the matter will move forward to a full hearing. In other case, if the permission is refused then the matter will move forward to stage 2 as mentioned in below. In case, the permission is refused as well as the judge has issued a certificate letting that the claim was made without any merit then it is the end of the subject.
At this stage, it is highly unlikely that Home Office would wish to move forward with the hearing as most of the times, there are settlement proposals by now from UKVI. In case, the matter moves forward to the substantive hearing, then the High Court Judge or Upper Tribunal will listen to the counsels from both parties and accordingly make the decision, either in allowing the Judicial Review or refusing the same.
In case, the JR application is successful, the decision under challenge will usually be put down or in few cases, a mandatory order related to issuance of visa will be ordered. In cases of protection claims or certified human rights, the mandatory order for allowing an appealable order will be made.
The prime grounds on which JR could be taken involve irrationality, illegality, incompatibility with the EU law – European Convention on Human Rights, and procedural unfairness.
Considering the legal criticalities and complexities associated with Judicial Review, it is pretty much important to always seek for the counsel from the experts only. And Immigration Solicitors4Me is one stop platform with a wealth of expertise and experience, backed with reliable and professional solicitors who can instruct counsels for drafting grounds related to JR or for opinions or others in the efficient way. We take care of every step of the proceeding well and feel free to discuss with us anything openly and get the assurance of availing none but the best services.
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