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A Judicial Review is a process whereby the High Court is able to review acts of public authorities or court or tribunal decisions and such a review may be available in respect of immigration, nationality and asylum decisions which are considered unsatisfactory or the right of appeal has been denied.
When May A Judicial Review Be Appropriate?
For a review to take place it is necessary to show that:
- there is no other procedure available to challenge the decision
- there exist recognised grounds for challenging the decision
Recognised grounds for challenging a decision include:
- error of law
- procedural impropriety
- irrationality of decision which is unsustainable or an abuse of power
- breach of the Human Rights Act 1998
Judicial Review Procedure
- Pre -Action Protocol Notice must be sent to the Home Office setting out the background, relevant legal provisions and the nature of the proposed claim.
- The Home Office may review and change the original decision within 14 days.
- In the event that the original decision is maintained or the Home Office fails to respond, an application may be made to the Upper Tribunal for ‘permission’ to apply for Judicial Review to the Administrative Court which is entitled to explain why such ‘permission’ should not be granted.
- If the reviewing Judge refuses permission an application may be made to ‘renew’ the decision to be heard in open court or an application will be required to be made to the Court of Appeal.
How Can We Help?
Our Immigration Team will be able to support and assist you by:
- analysing and discussing your case with you
- carefully examining and advising upon the relevant laws and procedures
- highlighting any weaknesses of your case which need to be addressed
- preparing and submitting all relevant documentation
- liaising with all involved parties.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Seeking a Judicial Review is a complicated process requiring all appropriate forms of application to be accurately prepared and supported by effective and relevant documents.
At Kangs Solicitors our experienced Immigration Team advises and assists clients with immigration issues in the UK on a daily basis.
We have a proven track record of successfully advising and guiding clients through the UK immigration process.
Arrangements can be made to meet at any of our offices in Birmingham, London and Manchester.
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