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Judicial review is an extra-appeal remedy which is exercised in absence of an appeal right against the refusal of an application. Judicial review can be exercised against any decision-making authority, which may include Home Office and the Immigration Tribunal. The lawfulness of a decision is challenged in judicial review process contrary to an appeal right which may involve variety of grounds.
The unlawfulness of a decision may include illegality of a decision when a public authority might have acted beyond their legal authority. Other factors may include irrationality, unreasonableness and unfairness of a decision.
The judicial review must be claimed within a specified three-month period provided by the law.
The law requires the claimant to provide an opportunity to the decision-making authority to review its decision in a judicial context. In immigration decisions it is submitted to the judicial review unit of the Home Office. There is a prescribed procedure to be followed in a set form. A reply deadline is usually set for 14 days for the respondent to respond to your pre-action protocol compliant letter.
Upon the review of your pre-action letter, if the decision-making authority upheld their decision or failed to respond to your pre-action letter at all, then a formal claim for judicial review is submitted in the upper Tribunal of the Immigration and Asylum Chambers. This needs to be done within the three-month limit from the date of the original decision.
Please contact our expert team of immigration solicitors on 01494 853111 for further guidance if your or your family members’ application has been refused without a right of appeal.
