Application for UK judicial review
If your immigration application is denied, you may be able to seek judicial review of the decision. UK Judicial review is a court process that examines the steps taken by the government or public body in reaching an immigration decision. Whereas an appeal examines the final decision reached, the judicial review examines the legality of the procedures followed to reach that decision.
If you believe your immigration application was denied unfairly, irrationally, or illegally, you may seek judicial review in the UK of the decision-making process.
How is a judicial review conducted?
Judicial review UK is one of the outcomes of the UK’s separation of powers. The rule of law is governed by three major bodies:
- The legislative body (Parliament)
- Executive Body (government and public authorities)
- Judicial bodies (courts)
To preserve the rule of law, these bodies must remain autonomous and perform distinct functions. Additionally, each body is capable of reviewing and scrutinizing the actions of the others in order to maintain a balance of powers and ensure that the law is applied fairly and correctly.
UK Judicial review is the process by which judges scrutinize the actions of the Home Office, the government agency that is typically involved in immigration cases. Immigration cases that are brought to the Upper Tribunal for judicial review are typically heard there.
What are the grounds for filing a petition for judicial review in the UK?
Applicants may seek judicial review on the following grounds:
- Illegality – occurs when a law is applied incorrectly or a decision is made outside the scope of conferred authority.
- Irrationality
- Impropriety in the course of the procedure
- Disproportionality – the decision violated the 1998 Human Rights Act.
- Infraction of EU law
Consider the following points when filing a judicial review application:
- Judicial review is a viable remedy only after all other available legal remedies have been exhausted; it is the last resort.
- Judicial review is not a right that is automatically granted to applicants whose applications are denied. It must be requested within a specified time period, and the courts will decide whether to accept or reject the application based on the merits of the case.
- A judicial review is not concerned with the outcome of the case, but with the procedure; consequently, there is no guarantee that the decision will be altered.
Possible outcomes subject to UK judicial review:
If judges determine that an error occurred during the course of a case’s procedure, they have the authority to:
- Reverse the decision
- Impose a prohibition order—direct an entity to abstain from doing something.
- Issue a mandatory order obliging authorities to perform their responsibilities in the event of a failure to act
- Make a declaration – a judgement that clarifies the respective parties’ rights without requiring the authority to take any action
- Issue an injunction – a court order prohibiting the body from acting in an illegal manner.
- Award damages – a rare remedy in which the court awards damages if certain conditions are met.
- Exercise discretion – the ability to deny a remedy even if a government body has acted illegally; this may occur if the applicant has engaged in misconduct.
Henleaze Law can assist you with steroids buy australia a judicial review application
Henleaze Law, as a specialist immigration law firm, can advise on whether a judicial review UK application is the most appropriate course of action. Judicial review in UK is a lengthy and complex process that is extremely rare to succeed without the assistance of a professional attorney. We have extensive contacts with trained experts with whom we will work to represent you throughout the entire process.
