Immigration Judicial Review Claim as a last resort

An Immigration Judicial Review claim should be filed as a last resort and is often used to challenge the lawfulness of a decision or action carried out by a public body when there all appeal rights have been exhausted or no appeal rights were granted. If your immigration matter is not urgent there are no immediate deadlines i.e. there are no removal directions issued, there are various pre-action stages under the Civil Procedure Rules that can be utilised before resorting to the costly Immigration Judicial Review process. You will need to apply for permission either to the High Court (in urgent cases) or Upper Tribunal (in all other cases) before you can file your Immigration Judicial Review claim.     

Immigration Judicial Review
Immigration Judicial Review Claims | LEXVISA Solicitors and Barristers

Pre-action stages before applying for an Immigration Judicial Review Claim

In some circumstances where there is no urgency, there are pre-action steps which can be exercised before issuing an Immigration Judicial Review Claim.  The purpose of the pre-action protocol stage is to allow both parties to identify the fundamental issues involved and for both parties to work towards resolving the dispute amicably without resorting to costly litigation in the Upper Tribunal or the High Court. The following Pre-action stages can be utilised before the Immigration Judicial Review claim is made and in any event, it is a requirement to comply with the Pre-Action Protocol for Judicial Review before a claim is made:

  • Pre-action protocol letter: This a detailed letter which outlines the details of the matter being challenged and issues involved requesting for remedy before having to proceed with an Immigration Judicial Review claim;
  • Pre-Action Disclosure: Requesting for documents from the Respondent; and
  • Alternative Dispute Resolution: this is a cost effective method of seeking a remedy by asking an independent party to mediate and solve the issues in dispute.

If the pre-action stage does not assist you with your claim, the next stage would be to apply for permission to file an Immigration Judicial Review Claim. However, if the pre-action stages are properly utilised, it can assist in preparing a stronger and comprehensive permission for Immigration Judicial Review application and clarify or narrow the down the central issues in dispute between the parties.

Immigration Judicial Review Claim as a last resort

If you are a victim of an unlawful decision and are considering an Immigration Judicial Review Claim you must ensure you have exhausted all appeal rights before you apply to the High Court or Upper Tribunal for permission to file an Immigration Judicial Review Claim. You may have a statutory appeal right or right to an Administrative review so it is important you seek legal advice as soon you receive an unlawful decision from the Home Office. Once you have exhausted your appeal rights you can then apply for permission to file an Immigration Judicial Review Claim but permission will only be granted if you can demonstrate that there is no alternative remedy available and that the claim has merit.

Whilst you are required to show that there are no other remedies available, the remedies available must be an adequate means of redress and appropriate to the claim.  Whilst this is not an exhaustive list, an Immigration Judicial Review claim may be an appropriate challenge to the following:

  • an unsuccessful administrative review or delay in making a decision/failure to make a decision;
  • unlawful detention or declaration of illegal entry;
  • Refusal to accept a fresh claim for asylum or failure to grant permission to work to an asylum seeker;
  • Refusal to accept a fresh claim for asylum or failure to grant permission to work to an asylum seeker;
  • Refusal of any immigration application with no right of appeal;
  • Refusal of a human-rights based application with no right of appeal; or
  • Curtailment of leave to remain in the UK on public policy or deception grounds.

Due to inherent complexities of the above decisions, we highly recommend that you seek advice from specialist Immigration Judicial Review solicitors and barristers your eligibility of filing an Immigration Judicial Review claim and the merits of filing a claim. Further, specialist Immigration Judicial Review advice should also be sought in exploring whether any alternative remedies are available and whether the matter can be resolved by utilising the pre-action stages outlined above.

Using Legal Representation for an Immigration Judicial Review Claim

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to file a successful Judicial Review claim.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Immigration Judicial Review Claim

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 immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We 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. LEXVISA is just 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.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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