Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public entity such as the UK board Agency or the Home Office. An applicant has to seek leave of the court by showing that he has an arguable case against his deportation with some prospect of success. To succeed, there has to be some irregularity in the UKBA authority to granting the said person deportation.
Challenging the Home Office’s Immigration Decision
If your application for leave to remain has been refused and you have not been granted a right of appeal against that decision, you may be able to challenge the decision by way of judicial review within 90 days from the date of the refusal letter.
How we can help with the judicial review process?
Our network of Immigration Solicitors in London can offer legal immigration representation for all complex immigration cases. If you have been detained and have been served with a deportation order, contact us so we can review your case and assess the possibility of judicial review the Home Secretary’s decision to deport you.
What is judicial review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made.
Can you appeal a judicial review decision?
If you disagree with the decision, you may be able to ask the court for permission to appeal. You have to do this at the hearing. If you’re turned down you can still apply to the higher court for permission. You can’t apply if you’re refused permission to appeal against a judicial review decision.
How long does a judicial review take?
Judicial review requires permission from the Court. One of the most important requirements is that the application for permission for judicial review has to be made within the time limits set by the Court rules.
From 1 July 2013, all planning cases must be started within 6 weeks from the date of the decision. For non-planning cases, the time limit is up to 3 months. The time limits are strictly applied.
Why we provide the best legal advice in relation to your potential Judicial Review Case
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation, our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.
As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for judicial review or any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application for judicial review, thereby eliminating much of the stress of the application process.
Contact us to apply for a judicial review
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online enquiry form and we will get in touch or call us now on 01206500181.