Immigration Judicial Review Applications
Judicial review is a crucial legal route that offers a pathway for individuals to appeal their case against decisions made by the Home Office that may be deemed unlawful.
Introduction to Judicial Review (JR)
Judicial review is a High Court procedure that challenges decisions made by Home Office, including immigration authorities. It is only to be utilised when any other form of appeal at lower courts are unavailable, and there are grounds to contest the decision’s legality. It plays is a key procedure in ensuring that decisions adhere to the law, especially in areas like immigration, nationality, and asylum matters.
At Primus Solicitors, we specialise in Immigration judicial review cases, ensuring that unjust decisions are appropriately challenged.
Grounds for Immigration Judicial Review
There are three primary grounds for initiating An Immigration Judicial Review:
- Illegality: This ground for appeal becomes available when a decision contradicts existing legislation, immigration rules, or violates a person’s human rights.
- Irrationality: An initial Home Office Decision may be considered irrational if it fails to consider relevant matters, includes irrelevant factors, or is so unreasonable that no reasonable person could have reached it.
- Procedural Unfairness: This potential ground covers situations where the decision-making process lacked fairness, such as not allowing an individual to make representations or failing to consider relevant policies.
Each of these grounds offers a unique, potential legal route for challenging a public body decision that seem unjust or not in line with law.
When to Consider Immigration Judicial Review
Judicial review is often seen as a last resort and is generally considered only after all other options, like internal complaints or lower court appeals have been used with no effect or are unavailable. However, in cases where immediate action is necessary judicial review can become a potential appeal avenue.
Official Judicial Review Procedure
The judicial review process can be broken down into three fundamental stages:
Pre-Issue Stage
Judicial review begins with the pre-issue stage. This initial phase is critical for setting the tone of the entire legal process. It involves the drafting and dispatching of a pre-action letter to the concerned public authority. It also provides an opportunity for the Home Office to rectify any errors before escalating the matter to court, potentially saving time and resources for all parties involved.
Pre-Permission Stage
The next, pre-permission stage, involves preparing court documents. These documents, which include a detailed statement of the case, supporting evidence, and legal arguments, must be drafted to clearly articulate the grounds for review. Subsequently, an application for permission to proceed with the judicial review is submitted to the court.
Post-Permission Stage
The post-permission stage is where the judicial review process climaxes. If permission is granted, the case progresses to a full court hearing. Here, the arguments and evidence are scrutinised in detail by the high court. Both the Home Office and the Individual will be given the opportunity to present and argue their case in depth.
Possible Outcomes of an Immigration Judicial Review
The outcome of an Immigration Judicial Review case is at the discretion of the judge, but hey may include:
- Quashing Orders: Overturning the original decision.
- Prohibiting Orders: Preventing a public body from acting unlawfully.
- Mandatory Orders: Ordering Home Office to take a specific action.
- Declarations: Stating the law without ordering anything.
- Compensation: Rarely awarded, but possible in some cases.
Understanding these potential outcomes is essential for anyone considering a judicial review, as they provide clarity on the cases possibilities post Judicial Review.
Conclusion
Judicial review is a critical check on the power of public bodies, ensuring their decisions comply with the law. It’s a complex process, but with the right legal guidance, it can be an effective tool in challenging unlawful decisions. At Primus Solicitors, our Immigration Specialists are experienced in judicial review cases, meaning we can assist any individual facing unjust public decisions.
For further information or legal support on Immigration Judicial Review, please contact our Immigration Team Directly at 0161 222 5860
