Our Specialist Immigration Team has recently obtained a successful Judicial Review for our client (“the Applicant”). The Applicant sought our assistance in wanting to pursue Judicial Review for a decision received by the Secretary of State on the grounds of the Applicant’s Human Right being breached. We were instructed on time and after issuing a pre-action letter, we applied for Judicial Review on his behalf. We provided strong legal representations on his behalf and instructed a qualified, experienced Barrister to represent the Applicant at the hearing, after which we received a successful decision.

What Is Judicial Review?

Judicial review is a legal process in the UK by which individuals and organisations can challenge the decisions and actions of public bodies, such as government departments and local authorities, on the grounds that they are unlawful or irrational.

The process is typically initiated by filing an application for judicial review in the High Court, which will then determine whether the decision or action in question is justiciable and, if so, whether it is unlawful or irrational.

What Are The Grounds For Judicial Review?

In the United Kingdom, there are several grounds on which an individual or organisation can seek judicial review of a decision or action taken by a public body. Some of the most common grounds 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.

It’s important to note that these grounds are not mutually exclusive and a decision can be challenged on more than one of the grounds mentioned above.

Who Can Apply For Judicial Review?

Anyone can apply for Judicial review of a decision or action taken by a public body, as long as the decision falls under one of the grounds mentioned above. This means that you must have a sufficient interest in the matter at hand, and be affected by the decision or action in question.

Individuals, organisations, and groups can apply for judicial review. Some examples include:

• Individuals who have been directly affected by a decision or action taken by a public body, such as a decision to refuse planning permission for a proposed development.
• Organisations that have been affected by a decision or action taken by a public body, such as a company that has had a contract terminated by a government department.
• Groups of individuals who have been affected by a decision or action taken by a public body, such as a group of residents who are opposing a proposed development in their neighbourhood.

It’s worth noting that some parties such as prisoners, have a limited ability to apply for judicial review due to certain restrictions. Additionally, in some cases, a person will need permission from the court to apply for judicial review, which is known as “leave to apply.” Contact Lexvisa for advice on whether you have a claim for Judicial Review under one of the specified grounds.

Do I Have To Apply To The Upper Tribunal Or The Administrative Court?

In the UK, there are two main courts where a person can apply for a judicial review: The Upper Tribunal (Immigration and Asylum Chamber) (“UTIAC”) or the Administrative Court (England and Wales). The choice of which court to apply to will depend on the specific circumstances of your case.

You may apply to the UTIAC when challenging the lawfulness of a decision or conduct of a public body such as the Home Office, First tier Tribunal (“FtT”) or your local council. You must first receive permission to appeal here. Time constraints are imposed on bringing an appeal as you will have 28 days from the date of your decision to bring an appeal to the UTIAC.

You may also apply to the Administrative Court for judicial review and will also need permission to apply here. This is a pre-requisite step and the court will assess whether the applicant has an arguable case and whether a judicial review is the appropriate remedy. This court is a division of the High Court of Justice that deals with cases involving public law, including judicial review of decisions made by public authorities. It also deals with cases involving human rights, immigration, and asylum.

It is important to note that there are strict time limits for bringing a claim for judicial review. Before applying for a judicial review, you should consult with our specialist Immigration team to determine the most appropriate court for your case.

What Is The Difference?

The UTIAC is a specialised tribunal that primarily deals with appeals of immigration and asylum decisions made by the Home Office. It hears appeals from decisions made by the First-tier Tribunal (Immigration and Asylum Chamber) and can also hear some cases directly from the Home Office’s decision in certain circumstances. The UTIAC is a expert body made up of judicial members who are specialists in immigration and asylum law.

On the other hand, The Administrative Court is a division of the High Court of Justice that deals with cases involving public law, including judicial review of decisions made by public authorities. A person who wishes to challenge the lawfulness of a decision made by a public authority can apply for judicial review in the Administrative Court. The Administrative Court also deals with other legal matters such as human rights, immigration and asylum, but the primary focus is on judicial review cases.

In summary, the UTIAC is a dedicated tribunal which deals with appeals of immigration and asylum decisions while the Administrative Court deals with judicial review cases of decisions made by public authorities, including immigration and asylum decisions.

How Long Does UK Judicial Review Take?

The length of time for a UK judicial review 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 judicial review 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 judicial review can also be affected by the availability of legal representation and funding.

My Judicial Review Was Unsuccessful, What Can I Do Next?

In the event that a UK judicial review is unsuccessful, the decision of the public authority that was being challenged will stand. The individual or organisation that brought the judicial review will have to pay their own costs, as well as the costs of the public authority they were challenging.

It’s important to note that a judicial review is a complex and serious legal process and the outcome is not always predictable. Even if a judicial review is unsuccessful, it can still have an impact on the decision-making process of public authorities and in turn, may lead to changes in policy or practice.

You may still be eligible to appeal the decision. If you’re considering applying for a judicial review or an appeal for the decision received, it’s highly recommended to seek legal advice from a qualified solicitor to help you understand the process and the potential outcome.

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 epicenter 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.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

Authored by Tehreem Fatima, Paralegal