The refusal of an immigration application or appeal is not necessarily the end of the matter, even in deportation cases. Decisions made by the Home Office or a court may contain flaws in their reasoning, or may contain errors of law. It may also be that information relevant to the case was not considered, or the decision was based on information that can be proved to be irrelevant. These points can be the basis for a Judicial Review, and a successful Judicial Review claim can lead to the quashing of the original decision, or a mandatory order to reinstate a previously held immigration status.
Successful Judicial Review Claim – Changing Government Policy
An example of a successful Judicial Review claim can be seen in the case of RA and BF v SSHD JR/2277/2015, whereby the Home Office’s decision to deport a migrant family of mother and son to Nigeria was quashed and the Home Office ordered to locate and retrieve them from Nigeria. The Home Office’s initial decision was made under a ‘deport first, appeal later’ policy that was being implemented at the time of the case. It was submitted by the Claimants’ counsel, however, that the welfare of the child should be the “primary consideration” in deportation cases, and the Judicial Review was granted on the basis that the Home Office’s decision-making was flawed in deporting the family, as they did not take into consideration the fact that the mother was suffering from mental illness, and she and her son were at risk of being forced into destitution, prostitution or trafficking on return to their country of origin. The Home Office was required to take the child as being the primary consideration in future deportation cases in light of this decision.
That the successful Judicial Review claim in RA and BF v SSHD JR/2277/2015 resulted in the government changing their policy regarding the deportation of children makes it something of a landmark case. The decision also represents the first time the Home Office has been ordered to retrieve a deported individual from their country of origin and bear the costs for doing so, and serves to demonstrate the power of a successful Judicial Review claim, even when a situation appears to be desperate.
Successful Judicial Review Claim – Refugees and Asylum Seekers
The decision of the Upper Tribunal in the successful Judicial Review claim of RA and BF v SSHD JR/2277/2015 was welcomed by refugee and asylum charities across the United Kingdom, as it pointed to a greater emphasis on the protection of the rights of women and children, and a more ‘gender sensitive’ interpretation of the Refugee Convention 1951. Whilst women claiming asylum on the basis of domestic violence are often disbelieved at the first instance, it was noted by Debora Singer of Asylum Aid that women ‘are more likely than a man to have a refusal for protection corrected at appeal’, giving further credence to the effectiveness of a successful Judicial Review claim.
Though there may appear to be a finality in the decisions given by the Home Office, the successful Judicial Review claim in the case of RA and BF v SSHD JR/2277/2015 demonstrates that this is not necessarily so. The Home Office did not take relevant considerations into account, giving the claimant grounds to make the appeal, and giving the Upper Tribunal grounds to hand down a landmark judgment.
The Upper Tribunal’s decision can be found at: RA and BF v SSHD JR/2277/2015 LEXVISA Immigration Solicitors London.
Using Legal Representation to Make a Judicial Review Claim in the United Kingdom
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 make a 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.
Successfully Make a Judicial Review Claim in the United Kingdom
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. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.