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.
Success Story on Immigration Judicial Review
Successful Judicial Review after ILR Refusal Following Allegation of Deception Under Paragraph 322 (5)
A NON-EEA national (Ms C) arrived in the United Kingdom in November 2009 with leave to enter as a Tier 4 (General) student valid until January 2010. In 2011 she applied for leave to remain as a Tier 1 (General) Migrant and this was granted until July 2013. In June 2016 Ms C was granted…
Video
Tips to Choose a Right UK Immigration Lawyer
We are a specialised UK immigration law firm.
In this video, I will share some tips with you on how to choose a UK immigration lawyer.
There are five very important points you may wish to consider while choosing a UK Immigration Lawyer.
Number 1: UK immigration law is very specific, fast-changing and complex. You should not entrust your future to an individual/company that does not fully comprehend the complexity of UK immigration law. Therefore, our first tip is that you may want to consider choosing a lawyer who specialises in UK immigration law and has a wealth of experience in dealing with UK immigration applications and/or/appeals.
Tip Number 2: You will need a lawyer who will be honest with you. This includes discussions about the success chances of your immigration case, total cost and tentative time frame.
Tip Number 3: A lawyer’s reputation often precedes them – look for a lawyer who is known for honesty. Check out client reviews to see what others have said. When many people rate the same lawyer as honest after their transactions, chances are good that you’ve found an honest lawyer. Check out for independent review platform such as TrustPilot for real and verified reviews from actual clients.
Tip Number 4: How about choosing a lawyer who loves immigration law? One who cannot wait to get started on your case. A passionate lawyer who regularly sees success in immigration matters and tends to deliver great results.
Tip Number 5: Always look for a lawyer who is Authorised and Regulated. In most cases, lawyers in the UK are regulated by the SRA – Solicitors Regulation Authority (SRA) or by the OISC. Professional certification or Awards are also good indications. It might be prominent on their webpage if they have this.
Finally, look for a lawyer who is always improving by staying up to date on the UK immigration rules and regulations, and is constantly upgrading their skills. This is particularly important in the UK immigration sector, where laws are changed frequently, and lawyers must know exactly what is required for each type of application or appeal.
If you look for these qualities in a lawyer, it is likely that you find someone who is going to take good care of your Immigration matter, while respecting you as a valuable, important individual.
If you require legal assistance with your UK Immigration matter, please get in touch with us. Our contact details are at the bottom of this video. We’re happy to help. Thank you.
If you are still looking and comparing solicitors for immigration issue like what I was doing two months ago, close all other window taps and call A Y & J Solicitors. I was holding T1 Entrepreneur and had been rejected for the extension, and failed again for AR because I asked for a solicitor without proper license and certificate but only want your cash. It almost ruined my life and my family, but I found I got last chance to try which is JR, and I found Diana from A Y & J Solicitor. She is a bit different from others, she gave me confident, but also working carefully and professionally for my case. Then she explained to me every single details for the JR route and what will happen for each stage. Then I decide to start from PAP and we were fighting back from that afternoon. Diana guided me very often and updated me what they have done quite a few times each week, and we had lots of emails, documents exchanges and phone calls. After one month time, we submitted PAP with all the grounds we got and detailed letter explaining my conditions and what we have done so far. The great new came in about 10 days that Home Office will reconsider the decision within 3 months before we proceed to JR. Hopefully we could have a ideal result from HO. A Y & J will not let you down, and Diana is just doing brilliant work which could change me or maybe your life!