You can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review to challenge the lawfulness of a decision or other conduct by a public body in your asylum or immigration claim.
A public body can include the Home Office, the First Tier Tribunal. Only use the judicial review process if you are challenging something on the grounds that it is unlawful, illegal, irrational or unreasonable (according to the legal criteria).
Do not apply for a judicial review if you believe that the decision was wrong – only if you think it was unlawful. For example, because the body didn’t have the legal power to make the decision. If you believe the public body’s decision was wrong rather than unlawful, appeal against a visa or immigration decision instead of applying for a judicial review.
You must send JR so the tribunal receives it no later than 3 months after the date of the decision that you are challenging. If you apply late, you will need to explain why in the form. A judge will decide if your application can still be considered.
A judicial review application has several stages. The first stage is the initial application (UTIAC1). The fee for the initial application is £169. Depending on whether your initial JR petition is successful and what happens next, you will have to pay additional fees. If permission is granted, official fee for a final hearing is £847.
At the final (‘substantive’) hearing, a judge will hear your case and decide whether the respondent’s conduct or decision was procedurally and legally correct. If the judge decides the conduct or decision was illegal or unlawful, it will then decide whether or not to grant you the relief or remedy that you asked for in your claim and tell the respondent about any action they need to take. If you are not successful in your judicial review claim, you may be able to ask permission to appeal the decision at the Court of Appeal, but you should seek independent legal advice before doing so. You may have to pay additional costs, such as the respondents’ court costs. You will be given more information with the judge’s decision.
Qazi Law Associates has trusted arrangement with a strategic partner law firm in UK regulated by Solicitors Regulatory Authority (SRA)-UK, whereby team of qualified Immigration solicitors conduct complete step by step process of Judicial Review until its final outcome.
If you are aggrieved from the impugned decision of the respondent resulting in refusal of your visa/immigration case and you have been given right to assail the impugned decision, contact us for professional consultation and handling of Judicial Review until its final outcome/decision after exhausting its several stages/proceeding.
If you have any questions or need further information, please do not hesitate to schedule of appointment for free consultation session.
