A Judicial Review is a process available to people to challenge the legality of a decision made by the Home Office. It is not an appeal but a review of the process by which the decision was reached. Our experienced team at A Y & J Solicitors will guide the client through this complex process and ensure that each review ground is explored and presented. Suppose you feel your visa application has been refused on an unfair procedure or other grounds. In that case, Judicial Review may be the perfect action plan to rectify the decision and get your visa approved.
At A Y & J Solicitors, you receive full support regarding Judicial Review for refusal of a UK immigration visa. After correctly reviewing and analysing your case, our experienced legal team will look for flaws in the decision-making process and create a formidable application for your case that needs to be reviewed. We do it all, from sending the pre-action protocol letter at the start to representing you in court, ensuring that your case is represented most efficiently and professionally.
Kate Corey, Founder of 6 Degrees
A Y & J Solicitors is one of the top immigration law firms with excellence and a proven record in handling judicial review cases. Through Google and Trustpilot, we have received more than 1,200 positive reviews. We excel in delivering attentive and detailed legal representation for our clients, ensuring high expertise and dedication in each case we handle. Trust our experienced solicitors to walk you through your Judicial Review process to secure the best possible outcome in your immigration case.
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"Excellent service, top-notch communication and a highly experienced, knowledgable team of solicitors. Would recommend to any one looking for peace-of-mind with their immigration."
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Judicial Review Procedures are complex, but it helps in challenging unlawful or unfair refusal decision of UK Visas and Immigration (UKVI). It can be helpful to migrants whose visa application is refused or employers who are facing Sponsor Licence Suspension / Revocation.
We have an in-depth understanding of the Judicial Review Procedure, including the Pre-action Protocol. Our team of highly experienced lawyers will assist you to understand the process and provide the support at every step of the way. We have helped many clients with their immigration judicial review matters, by instructing us, you can be assured of receiving the best immigration advice from a top London immigration law firm.
Judicial Review is the process whereby the judges of the Administrative Division of the High Court, and the Upper Tribunal (Immigration and Asylum Chamber) exercise jurisdiction over the lawfulness of actions of public bodies such as UKVI, and a supervisory jurisdiction over inferior courts and tribunals.
The grounds for Judicial Review include:
Judicial Review is a complex area and requires experienced and expert legal advice. At A Y & J Solicitors, our team have a strong track record of successfully applying for Judicial Review on behalf of Individuals, SMEs and multi-national corporations.
Judicial Review is a remedy of last resort. Prior to commencing an application, we will have investigated all other dispute resolution methods on your behalf.
After gathering all evidence in support of your case, our experienced legal team will attempt to negotiate with UKVI through a letter before claim also known as a Pre-Action Protocol letter before Judicial Review.
If the letter does not lead to an immediate positive outcome, we will carefully advise you of the merits of your case based on the laws and policy at the time of the decision. A successful Judicial Review often results in costs being awarded to the applicant. However, an unsuccessful Judicial Review can lead you paying costs to UKVI. Therefore, it is advisable that you choose a lawyer who understands the Judicial Review process as it relates to your particular immigration matter. Our clients can trust us implicitly that we would not advise them to proceed with a Judicial Review which had little chance of success and/or could cause them severe financial difficulty.
The first stage of applying for Judicial Review is to follow the procedures set out in the Pre-Action Protocol. The Pre-action Protocol is designed to allow applicants to set out their case to UKVI and reach an out of court settlement if possible. If UKVI declines to settle and chooses to defend the case, they will send a response to the ‘Letter Before Claim’ we have sent. After that, we can file Judicial Review claim as per your instructions. A judge will then determine whether there are grounds to proceed with the Judicial Review.
Time limit is of the essence as any challenge must be made within three months of the negative immigration decision being given.
Judicial Review is the last remedy available for individuals and businesses that have received negative decisions from UKVI. Judicial Review may lead to the Tier 2 Sponsor Licence revocation or any other negative decision being sent back to the UKVI for reconsideration. Armed with new evidence, this could then often result in a positive result.
Because Judicial Review is an expensive, technical and complex process, most cases depending on merits, are settled via negotiation or at the Pre-Action Protocol stage.
A Y & J Solicitors are well-versed in the Judicial Review process with a successful track record. We have the resources, experience and commercial acumen to ensure the process is followed correctly and settlement is reached as soon as possible. If court proceedings are inevitable, we can recommend an experienced immigration law barristers to represent you.
We take pride in our long-standing reputation for excellent customer service. Through independent reviews and constant client recommendations, we have grown a business based on expertise and trust that is widely recognised. We are experts at assisting Judicial Review applicants, not only with the legal aspects of their case, but also supporting them through the emotional challenges adverse UKVI decisions can bring. Our staff deeply care about our clients, and this enables us to operate at the highest standards.
When the court or tribunal is ruling on a Judicial review, it is concerned with how the decision was made, not the merits of the decision. Therefore, it does not have jurisdiction to substitute its decision for UKVIs. Rather, the remedies available for Judicial Review include:
If the application for Judicial Review is unsuccessful, an appeal may be made to the Court of Appeal. This must be made within 21 days of the decision.
