Our Specialist Immigration Team has been successful in assisting our client (the “Claimant”) in securing a Skilled Worker visa following a Judicial Review (“JR”) application. The Claimant had applied for a Skilled Worker visa over 5 months ago and had paid for the priority service, relying upon a decision being reached within 5 working days of submitting the application as advertised. Upon the Home Office’s failure to provide a decision several months on, the Claimant sought legal advice from us on how to deal with the delays. The Claimant’s previous legal representatives chased the Home Office numerous times. He further reached out to his local MP, making a formal complaint regarding the Home Office delays. After receiving no substantial response, the Claimant then sought our advise. Upon his instructions, we prepared and filed a Pre-action Letter (“PAP”) for Judicial Review to the Home Office on the Claimant’s behalf, claiming damages for his loss of earnings as a result of the delays.
We offered strong legal representation on behalf of the Applicant and sought permission to bring a JR application. We assisted the Claimant in drafting witness evidence and prepared strong, legal grounds for JR, as well as an application for urgent consideration. This expedition was necessary as the delays were causing a severe financial loses on the Claimant. Following this, the Home Office agreed to settle and pay the Claimant’s legal costs outlined in the application for JR. As a result, the JR proceedings did not need to progress to a hearing and with our efforts, the Applicant was successful in being granted his visa, allowing him to begin his new job.
Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration, human rights and public law, allows us to deliver outstanding results for our clients.
What Is Judicial Review?
In the UK, individuals and organisations have the option to challenge decisions or actions of public bodies, such as government departments and local authorities through a legal process known as judicial review.
It is essential to understand whether your circumstances allow you to challenge decisions or actions and whether you should apply for judicial review. If you are uncertain, seeking legal advice is highly recommended.
LEXVISA can help you establish this for the correct course of action.
Where To Apply For Judicial Review?
Depending upon the facts of the case,you may have to apply to the High Court or you may have to apply to the Upper Tribunal (Immigration and Asylum Chamber). Majority of cases, the High Court is where an application for judicial review is filed and where the proceedings occur.
However, for most judicial review claims concerning immigration matters, the Upper Tribunal (Immigration and Asylum Chamber) is where an application must be lodged and the proceedings will take place.
It is imperative you apply to the correct forum. Applying to the incorrect court means the application may be refused and in some cases, it may get transferred. If a transfer is allowed, it would mean substantial delays caused to your matter due to a failure in following the correct procedure. It is essential to understand your personal circumstances, whether they allow you to challenge a decision or actions, and whether it can lead to JR.
You may be penalised in costs if you file an improper application for JR. Therefore, it is imperative you obtain legal advice in filing a correct application to the applicable court.
What Are The Grounds For Judicial Review?
JR applications must be made on the basis of certain factors. The most common grounds for JR include:
- Illegality: The decision or action is ultra vires (beyond the legal authority) of the public body, or is in breach of a statutory duty or common law principle.
- Irrationality: The decision or action is so unreasonable that no reasonable authority could have made it. This is also known as Wednesbury unreasonableness.
- Procedural impropriety: The decision or action was made in breach of the rules of natural justice, or the public body failed to follow a fair and proper procedure
- Legitimate expectation: The decision or action is in breach of a legitimate expectation that was created by a representation or practice of the public body.
- Human rights: The decision or action is in breach of an individual’s rights under the Human Rights Act 1998.
- Discrimination: The decision or action is discriminatory and breaches equality laws.
Who Can Apply For Judicial Review
As long as the decision falls under any one of the grounds mentioned above, you may initiate JR proceedings against a public body where you have a sufficient interest in the matter and are affected by the decision or action in question.
It is important to note that you must firstly apply for permission to seek Judicial Review. If this is granted, it is possible that the public body agrees to settle the case by by providing the Claimant with the remedy they are seeking, i.e. agreeing to remake a decision under review. In the case of this success story, the governing body agreed to settle for the costs claimed under the application and provide the Claimant with a decision on his visa.
You can contact LEXVISA for advice on whether you have a claim for JR under one of the specified grounds.
How Long Does It Take To Receive A Decision For A Judicial Review Application?
A JR application has several stages. The length of time for a UK JR can vary depending on a number of factors, such as the complexity of the case, the availability of the courts, and the number of parties involved.
On average, a JR case can take several months to a year or more to be heard and decided. Some cases may be resolved more quickly, while others may take longer. It is important to note that the time frame for a JR can also be affected by the availability of legal representation and funding. Nevertheless, urgent JR cases can be expedited. However, it should be noted that if the application for expediting is refused, the standard route will be taken and, as mentioned above, it may take a very long time to reach a final hearing.
You can contact LEXVISA for advice on whether you can make an application for expediting.
What Is The Effect Of A Successful Judicial Review Application?
JR provides the following remedies:
- Mandatory Order: require the body under review to do something;
- Prohibitory Order: restrain or prevent the body from doing something; and
- Quashing Order: set aside the decision of a body on the basis that it is invalid.
What Can You Do If Your Judicial Review Application Is Unsuccessful?
If a JR application is unsuccessful, the public authority’s initial decision that was being challenged, will remain in effect. Additionally, the individual, organisation or group that initiated the JR proceedings will be responsible for their own costs, as well as the costs of the public authority they challenged.
It is worth noting that a JR is a complex and significant legal process, and its outcome is not always predictable. Even if unsuccessful, a JR can still impact the decision-making process of public authorities, potentially leading to policy or practice changes.
If the decision is not in your favour, you may still be able to appeal. If you are contemplating filing for a JR, it is strongly advised to seek legal guidance from a qualified solicitor. This will help you comprehend the process and the potential consequences.
LEXVISA can advise you on this.
Should You Apply for Judicial Review?
Your circumstances may not be relevant to apply for JR.
Depending on the circumstances, instead of making a JR application to the correct forum, you may need to:
- appeal against the decision
- apply to the Administrative Court
Before applying for a JR it is recommended to get legal advice from a legal representative. You may read more on our previous success story for JR here.
LEXVISA can advise you on the correct course of action.
Why Instruct Our Immigration Team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Co-authored by Tehreem Fatima and Shayyan Haque, Paralegals at Lexvisa / Lexvisa