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You can ask for a Judicial Review (JR) if you think the decision made by the Home Office on your UK visa or immigration application was illegal or illogical.

You have the option to submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the legality of a decision made by the Home Office.

If you think you've faced an unfair immigration decision, we at Moeen & Co. Solicitors are here to help. We're experts in UK immigration laws and have a lot of experience with Judicial Review cases. We work hard to make sure you're treated fairly.

Need help with your immigration judicial review? Contact Moeen & Co. Solicitors at 0203 959 7755 for advice and help with your judicial review application.

Table of Contents

  1. What is immigration judicial review?
  2. What are the 3 grounds for immigration judicial review?
  3. What is the process of judicial review in immigration?
  4. What are the key stages in the judicial review application process?
  5. Judicial review application form
  6. What is the time limit for judicial review in immigration?
  7. How long does judicial review take in the UK?
  8. How much does a judicial review cost in the UK?
  9. Seeking legal representation for your immigration judicial review
  10. Contact us for immigration judicial review assistance
  11. FAQs: Immigration Judicial Review

What is immigration judicial review?

Judicial Review is a legal process in which you can apply to the UTIAC for a judicial review to challenge a visa or immigration decision by the Home Office.

You can submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the lawfulness of a decision made by the Home Office.

What are the 3 grounds for immigration judicial review?

Illegality, Irrationality, and Procedural Impropriety are the three most common grounds for immigration judicial review.

  1. Illegality
  2. Irrationality
  3. Procedural Impropriety

Illegality

This is about unlawful decisions or those not handled by the law properly. For instance, decisions against immigration laws can be challenged under illegality.

Irrationality

This ground is used when a decision is so unreasonable that no reasonable authority could ever have come to it. A decision can be challenged on this basis if the decision-making process is flawed. For example, if the individual was not given a fair opportunity to present their case, if relevant evidence was not considered, or if the decision was made without providing adequate reasons.

Procedural Impropriety

This ground looks at the unfairness in the decision-making process. It includes things like skipping steps, being unclear, or not letting the person state their case. It can also cover cases of bias or not following fair justice principles.

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

What is the process of judicial review in immigration?

Step 1: Consultation with an Immigration Solicitor

Judicial Review is a complex process and it is highly recommended to get legal advice and assistance from an experienced immigration solicitor.

For immigration advice and legal assistance with your judicial review application, call our immigration solicitors in Hayes, London today at 0203 959 7755.

Step 2: Assessing the Viability of a Judicial Review

During the initial consultation, our immigration solicitors will discuss your case in detail and assess the viability of judicial review. This helps to decide if a review is the right move.

Step 3: Preparing the Claim

If you decide to review, our immigration solicitors will help get things ready. We will gather proof, make legal points, and check all papers.

Step 4: Submission and Review

Next, the claim goes to court. The court then decides if it should be fully reviewed. You must keep to deadlines and share more info if asked.

Step 5: Full Judicial Review Hearing

If they agree to a full review, a hearing date is set. Moeen & Co.'s team will be there with you. We'll make sure you understand everything and are ready to speak up.

Step 6: Decision and Further Action

After the hearing, the court decides. If it's good news, the Home Office’s decision might change. If not, you could have more legal choices. Moeen & Co. will help you plan your next steps based on the court's decision.

This process might be long and tricky. But with Moeen & Co.'s help, you'll be all right. We help you confidently go through it. They make sure your case is well presented and your rights stay protected. Call them at 0203 959 7755 to start getting the help you need for your judicial review.

What are the key stages in the judicial review application process?

In immigration cases, the process of judicial review typically involves three key stages, each of which is important to the overall proceedings.

  1. Pre-Action Protocol
  2. Application for Permission
  3. The Substantive Judicial Review Hearing

Stage 1: Pre-Action Protocol

Before the submission of the judicial review application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC), the claimant must send a formal pre-action letter to the respondent (Home Office). This letter outlines the grounds for the challenge, the facts of the case, and the remedy sought.

Stage 2: Application for Permission

If permission is refused and the issue is not resolved during the pre-action protocol stage, then the next step is to formally apply for permission to proceed with a judicial review.

Stage 3: The Substantive Judicial Review Hearing

If permission is granted, the case moves to a full substantive hearing where both parties present their arguments in detail. The judge then makes a decision.

Judicial review application form

You should use the UTIAC1 application form to apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review. You must send this form and documents using the HM Courts and Tribunals E-Filing service.

What is the time limit for judicial review in immigration?

The time limit for initiating judicial review proceedings in immigration cases is usually within three months from the date of the decision being challenged.

How long does judicial review take in the UK?

On average, in UK immigration cases, the Judicial Review process usually takes 2-6 months. However, it may take longer depending on how complicated the case is and the court's timetable.

How much does a judicial review cost in the UK?

The fee for the initial application for permission to apply for judicial review is £154. If permission is granted the fee for a final hearing is £770.

Here's a breakdown of some potential costs involved in a judicial review:

  • Permission application fee
  • Final hearing court fee
  • Solicitor’s fee
  • Barrister's fee
  • Expert reports (if applicable)
  • Disbursements

If you lose the judicial review, you might need to cover the other side's costs.

Getting through the process of an immigration judicial review is tough. It's often wiser to have legal experts at your side. At Moeen & Co. Solicitors, we're experts in immigration law. We have lots of experience with judicial reviews.

Our team at Moeen & Co. is here to help. We focus on giving complete legal support to those facing Home Office decisions. We know the ins and outs of immigration reviews. We'll help you build a strong case for a better chance of success.

Working with us means you get advice and plans made just for you. We'll be with you at every step to make sure all paperwork is right and on time.

Contact us for immigration judicial review assistance

If you need legal advice or assistance with your judicial review application, you can contact our team of immigration solicitors in Hayes, London by calling 0203 959 7755. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.

FAQs: Immigration Judicial Review

Getting legal help is highly recommended as the immigration judicial review process is complex and difficult. An immigration solicitor can offer valuable advice. They guide you, assist in evidence collection, and craft strong legal arguments. This can make your case stronger.

To reach out to Moeen & Co. Solicitors, you can phone us at 0203 959 7755 or fill in the online contact form. Our team of experienced professionals is there to support and represent you in the Judicial Review process.

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