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A Judicial Review (JR) describes the process by which an application is made to the Court requesting that a Judge examine and determine whether the actions or the decisions of public bodies are lawful. In doing so, the Applicant will be asking the court to consider whether the public body in question has correctly followed the law and if so whether they have also arrived at a lawful conclusion.
An application for judicial review is not a means by which an applicant can re-litigate their case or attempt to show the merits of their case. The Court does not consider the merits or lack thereof of any case. It simply considers whether the decision of the public body was in accordance with the law.
Therefore, it is important that you understand that a successful Judicial Review Application can result in the public body’s decision being nullified, quashed or void. This does not mean that the Applicant automatically wins the initial case brought before the public body instead it forces the public body to re-examine their decision / decision making process and make a decision that is compliant with the law.
JR applications can be expensive and should usually be used as a last resort for people who wish to challenge an unlawful decision or an abuse of power by a public body. The process of JR is a means by which the Courts can act as a check under the rule of law against the decision of government and public bodies.
Who can bring an application for Judicial Review?
To be eligible to bring a JR application you must first show ‘Standing’. This means that you have to show that
- You have received a decision which is unlawful
- You have or would be impacted by that unlawful decision.
What decisions can be challenged by Judicial Review
Any decision, action or processes by a public body / government body can be challenged under a Judicial Review if the person or persons making that decision failed to follow the law or acted in a manner that would amount to an abuse of power. These bodies include, Home Office, Environmental Agency, Local Authorities/ Councils, and decisions of government ministers
Grounds for Bringing Judicial Review Applications
The main grounds for JR are as follows:
- Illegality / public body acting outside their powers
- Irrationality and proportionality–
- Procedural unfairness
- incompatibility with the European Convention on Human Rights
Judicial Review in Immigration & Asylum Cases
If you have NOT been given a Right of Appeal against the refusal and decision of the (UKVI) Home Office, our expert Immigration Solicitors can provide advice, support and assistance on how to challenge such refusal and decisions of (UKVI) Home Office by way of Judicial Review (JR). Our expert Immigration Solicitors will follow the judicial review systematic process by firstly, sending a detailed Pre-Action Protocol Letter (PAP) to the (UKVI) Home Office. If this matter is not settled at this stage after (UKVI) Home Office Response Letter, our Immigration Solicitors will escalate the Judicial Review (JR) process to the next stages.
It should be noted that in respect to further Appeals to the Upper Tribunals, High Court, Appeal Court and Supreme Courts, that we shall negotiate with our clients and further agreed fees will be reached.
If you have been granted a right to seek for Administrative Review against the refusal or decision by the (UKVI) Home Office after the refusal of your Entry Clearance Application and Leave to Remain Application, our Immigration Solicitors can provide advice and help with the preparation and filling of Administrative Review to challenge the (UKVI) Home Office refusal and decision.
Our Fee for bringing an application for JR ranges in Immigration & Asylum cases range from £2500.00 to 15,000.00 depending on the complexity of the case and number of Applicants
We offer free 30 minutes consultations. Call our office today
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