Asylum Judicial Review: Judicial Review for Asylum Seekers

A comprehensive guide on how asylum seekers in the UK can challenge unlawful or unfair decisions made by the Home Office in their asylum case.

Asylum Seekers in the UK can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review to challenge the lawfulness of a decision by the Home Office (UKVI) in their asylum claim.

You can use judicial review to challenge a Home Office decision on your asylum claim only if you believe the decision is unlawful, illegal, irrational, or unreasonable.

Need help with the asylum judicial review? Call our judicial review solicitors in London at 0203 959 7755 or send an email to info@moeenco.com.

Table of Contents

What is an asylum judicial review?

A judicial review in asylum cases is a legal process that allows asylum seekers in the UK to challenge unlawful decisions made by the Home Office.

The Court examines whether the decision was made unlawfully, irrationally, or unreasonably.

A judicial review does not assess the merits of the asylum case. It only considers the legality of the decision.

Who can apply for asylum judicial review?

In the UK, individuals who can apply for an asylum judicial review include:

1. Asylum Seekers: Individuals who have applied for asylum in the UK and have had their application refused by the Home Office.
2. Unaccompanied Minors: Children who have sought asylum without a parent or guardian and have had their claims denied.
3. Refugees Facing Removal: Refugees who have been granted asylum but face removal due to a change in their circumstances or new information that the Home Office has considered.
4. Rejected Applicants: Those who have been through the asylum process, including appeals, and have received a final refusal from the Home Office but believe the decision is legally flawed.

Applicants must believe the decision is unlawful, irrational, or procedurally unfair to apply for a judicial review. Legal advice and representation are highly recommended to navigate the judicial review process effectively.

Grounds for judicial review in asylum cases

Asylum seekers can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review on several grounds, including:

1. Illegality: When the Home Office (UKVI) exceeds its legal powers or fails to follow the law correctly.
2. Irrationality: When a decision is so unreasonable that no sensible person could have arrived at it.
3. Procedural Impropriety: When the procedures followed in making a decision are unfair or biased.

For a successful judicial review, you must prove illegality, irrationality, or procedural impropriety. These are key points for your case. Our judicial review solicitors will ensure you grasp these to build a strong challenge.

What is the pre-action protocol in a judicial review process?

Before the submission of the judicial review application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC), the claimant (“asylum seeker”) must send a formal pre-action letter to the respondent (“Home Office”).

This “Letter Before Claim” outlines the grounds for the challenge, the facts of the case, and the remedy sought. The Home Office typically has 14 days to respond to this letter.

How to apply to the UTIAC for a judicial review?

If you have legal representation, you must submit the UTIAC1 form and the supporting documents via the HM Courts and Tribunals E-Filing service.

Unrepresented applicants can email or mail the signed and completed form, along with the necessary payment arrangements and documents, to the nearest Upper Tribunal regional office. A list of regional offices is provided in the form.

What is the time limit for judicial review in asylum cases?

Asylum seekers must file for a judicial review within three months of receiving the decision from the Home Office. If they apply late, they will need to explain why in the form.

How long does the asylum judicial review process take?

On average, in asylum cases, the judicial review process usually takes 3-6 months. However, it often takes several months to over a year, depending on the complexity of the case and the court's schedule.

What are the possible outcomes of an asylum judicial review?

The court can uphold the original decision, quash it, or remit it back to the Home Office for reconsideration. The court does not make a new decision on the asylum claim itself.

After a judicial review, the court can make several decisions. The main outcomes are:

• The court may issue an order for consideration, directing the Home Office to reassess the asylum claim.
• In some cases, the matter might be remitted back to the Home Office with instructions for a new decision.
• The court might dismiss the claim outright, which would uphold the original decision.

Is legal representation necessary for an asylum judicial review?

Due to the complexity of judicial reviews, seeking legal advice and representation from an expert judicial review solicitor is highly recommended to ensure the best chance of a successful outcome.

Judicial review solicitors are key in helping clients understand their legal rights. We offer expert legal help by understanding complex UK laws and procedures.

Our judicial review solicitors prepare documents, represent clients in court, and talk to the Home Office (UKVI). Our expertise protects clients' interests during the review process.

Why choose Moeen & Co. Solicitors?

Engaging our expert judicial review solicitors offers numerous benefits:

• We provide expert advice on the viability of your case and the best legal strategies to pursue.
• Our solicitors conduct a detailed analysis. This thorough assessment helps in identifying all potential grounds for a judicial review.
• We prepare strong grounds for review, highlighting legal errors, procedural unfairness, or irrationality in the decision-making process.
• We draft a compelling pre-action protocol letter to the Home Office (UKVI).
• Our solicitors handle all the procedural requirements, ensuring your application is filed correctly and on time.
• Should the case proceed to a hearing, our solicitor will represent you in court.
• We help you understand the potential outcomes and advise on the best course of action at each stage.
• Engaging our expert judicial review solicitor significantly increases your chances of a successful outcome.
• Having a dedicated solicitor handle your case provides peace of mind.

Contact judicial review solicitors in London

If you need help with your asylum judicial review, contact our team of judicial review solicitors in Hayes, London at 0203 959 7755 for a consultation.