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JUDICIAL REVIEW

Having a case refused can be upsetting for you and could have an impact on your family members. There are options available for you if your case has been refused and you can challenge the decision either at the Immigration Tribunal, if a right of appeal is granted. In other cases where a Right of Appeal is not granted then you may have to option to request the Home Office to review the decision via an Administrative Review.

 

However not all decisions attract a Right of Appeal or an Administrative Review and you are therefore a suitable option may be to challenge the decision via an application for permission to seek Judicial Review.

 

Judicial Review

Case Refused with No Right of Appeal

 

If your case has been refused by the Home Office and a right of appeal has not been granted, then you may be able to apply for an application for permission to seek Judicial Review. You may be able to Judicially Review a decision within 3 months of the date of decision.

 

Stage 1 – Pre-Action Protocol

 

We will review your case thoroughly and if your case has merit, then the first stage is to send a notice to the Home Office to inform for intended action for Judicial Review. The Home Office will review the decision and may decide to re-consider the decision at this point. The usual practice is to request for the matter to be considered within 14 days as per Civil Procedure Rules – Practice Directions.

 

Stage 2 – Lodge an Application for permission to Seek Judicial Review

If you have not received a satisfactory response within 14 days, then you may lodge an application for Permission to Seek Judicial Review. The Government Legal Department will respond with an Acknowledgement of Service and detail their response. The Judge will then make a decision on the Application for Judicial Review and the Judge may decide in either parties’ favour. You are able to apply for Oral Permission if the decision is refused. If you are successful you may also be able to claim cost from the Respondent.