Judicial Review is the revision of a Home Office decision by a judge. It is usually a remedy of last resort and pursued if neither a right of Appeal or Administrative Review is available. An application for Judicial Review can be brought on the basis that the decision of the Home Office is unlawful, unfair or irrational. We provide full legal representation for the Judicial Review process as below:
The first step is to lodge a Pre-action Protocol letter to warn the Home Office about our intention to pursue Judicial Review. This would give the Home Office an opportunity to withdraw or revise their decision.
If the Home Office maintains their initial refusal decision, the next step would be to apply for permission for Judicial Review to the Upper Tribunal or the Administrative Court. If permission is refused, you may be eligible to apply for a Renewal application for permission.
Once Permission is granted, a Full Hearing will take place to examine the decision-making process of the Home Office. If the judge finds that the decision is unlawful, unfair or irrational, the case would be referred to the Home Office for reassessment to achieve a more reasonable outcome.
QC Immigration can now help you challenge a decision by Judicial Review in co-operation with experienced barristers. Contact us to discuss your options further.