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What is Immigration Judicial Review (JR)?

Judicial Review (JR) is a legal process by which you can challenge a decision of the Home Office. However, Judicial Review is only to be used in circumstances where you do not have a right of appeal.

For example, if your visa application or asylum claim has been refused, and the refusal attracts a right of appeal, you would not be able to challenge this through the Judicial Review process. However, if your refusal is not of a type that attracts a right of appeal, in such a case, Judicial Review may be the appropriate course of action.

At Batley Law, Judicial Review is an important part of our work, and we have developed our knowledge and expertise in this area significantly over recent years.

When can I apply for Immigration Judicial Review (JR)?

You can make an application for Judicial Review (JR) within three months of the date of the decision. For example, if your decision is made on 1 January, you should ensure that your application for Judicial Review is lodged by 31st March.

What kind of case can I challenge by Judicial Review (JR)?

The following are examples of cases that our lawyers at Batley Law have successfully challenged through the Judicial Review (JR) process:

  • Delay in the processing of an asylum claim;
  • Failure to grant Indefinite Leave to Remain (ILR);
  • A negative conclusive grounds decision in a trafficking case;
  • Challenging a refused asylum claim that is certified as clearly unfounded;
  • Challenging removal of an asylum seeker under the Dublin III convention to another European country;
  • Challenging refusal of Home Office to exercise discretion in relation to the requirement for the Life in the UK test for ILR;
  • Challenging refusal of a visit visa

How do I apply for Immigration Judicial Review (JR)?

The process for judicial review can be long and complex.

We provide you with a summary here:

1. Pre-action protocol (PAP) Letter -This is the first step in any judicial review case. The letter should set out a summary of the matter that is being challenged. It is a chance to settle the case in order to try and resolve a dispute before court proceedings are started against the Home Office.

The letter should include the date and details of the immigration decision (the refusal letter), act or omission of the Home Office that is being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, is based.

The letter should also provide a proposed reply date, usually 14 days. An application for permission to apply for Judicial Review can be filed in the Upper Tribunal if the Home Office do not respond to the pre-action protocol letter within 14 days or the Home Office responds but maintains their decision.

2. Application on the papers – An application for permission to apply for Judicial Review (JR) must be made by using form T480. The claim form must include or be accompanied by:

a. a detailed statement of the claimant’s grounds for bringing the claim for judicial review;
b. a statement of the facts relied on;
c. any application to extend the time limit for filing the claim form; and
d. any application for directions.

The claim must also be accompanied by:

a. any written evidence in support of the claim or application to extend time (if your application is out of time);

b. a copy of any order that you are seeking to challenge (the refusal letter);

c. copies of any documents upon which you propose to rely;

d. copies of any relevant statutory material or case law;

3. Acknowledgement of Service – Once an application for Immigration Judicial Review (JR) is issued, a copy will need to be served on the Home Office. The Home Office then have an opportunity to respond by way of an acknowledgement of service and/or defence. This is essentially an opportunity for the Home Office to put their side of the case.

4. Decision on the papers – The next step is that the application and Home Office response are placed before a Judge. A judge will then make a decision on the papers, and decide whether or not to grant permission for Judicial Review.

If the judge grants permission, the case will proceed to a full hearing, unless the Home Office seek to settle in the interim. If permission is refused, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing.

How can Batley Law help with my Immigration Judicial Review (JR)?

Running a Judicial review claim can be difficult and complex. There are also cost implications if you lose.

It is therefore important that you seek professional legal advice. At Batley Law, we have experience of successfully challenging Home Office decisions through the judicial review process. We have taken and won cases for clients who had been advised by others that they did not have a strong enough case.

If you require expert help with your judicial review matter, contact us today.

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