Judicial Review Procedure for UK Immigration Visa Refusals
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.
What is Immigration Judicial Review?
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:
- illegality, i.e. where there was an error of law in the making of the decision
- irrationality or unreasonableness
- procedural impropriety and unfairness
- the decision was in breach of the Human Rights Act 1998 (usually involving an assessment of proportionality), or;
- the decision breaches EU law
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.
What is Involved in Immigration Judicial Review?
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.
What is Time Limit to file Immigration Judicial Review?
Time limit is of the essence as any challenge must be made within three months of the negative immigration decision being given.
How Immigration Judicial Review Helps if UK Visa is Refused?
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.
Why Choose A Y & J Solicitors for Immigration Judicial Review?
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:
- a mandatory order (requiring the body under review to do something)
- a prohibiting order (restraining or preventing the body under review from doing something)
- a quashing order (setting aside a decision on the ground that it is unlawful)
- damages, restitution, or the recovery of a sum due
- a cost award
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.