Immigration Judicial Review Solicitors in London

If you have had an immigration application refused or you believe that your case has not been handled lawfully, you may have grounds for judicial review of the decision.

Our experienced judicial review solicitors in London and Croydon have over 35 years of experience in dealing with judicial reviews of immigration cases, and a strong track record of success.

We offer a highly professional and supportive service and provide expert legal advice and representation in this complex area of law.

We understand how stressful it is to have an immigration application refused, and we will do all we can to assist you and secure the consent you and your family need.

We hold the Law Society’s accreditations for Immigration and Asylum work, including at senior caseworker and supervising senior caseworker level, which recognises the high standards of legal advice and client care we provide.

Leading legal directory, The Legal 500, also lists us as a Leading Immigration Law Firm.

We have worked on several high-profile immigration cases, including the landmark Rwanda Test Case, helping to shape the future of UK immigration law.

Contact our judicial review solicitors in London and Croydon

For further information and a free telephone consultation, call our London or Croydon offices today on 0208 681 5128 and speak to one of our senior immigration solicitors.

What is immigration judicial review?

Immigration judicial review is a legal process used to check whether Home Office and UK Visas and Immigration (UKVI) rulings and decisions are lawful.

If successful, the Home Secretary can be asked to reconsider a case.

When can you apply for judicial review?

Judicial review in immigration cases is generally used as a last resort when no other right of appeal exists. This means that clients will usually have gone through the application process and made any possible appeals before having to use the judicial review option.

The process challenges the lawfulness of the UKVI decision and is not based on the merits of a particular case.

Grounds for judicial review

To challenge Home Office decisions by way of judicial review, you will need to have valid grounds.

We can look at your case and advise you on your options and the best approach for your particular circumstances.

Grounds for judicial review include:

• The decision was not legal, for example, UKVI did not interpret or apply the law correctly, or it acted beyond its authority.
• The correct legal process was not followed in dealing with your case, for example, by not looking at available evidence or not allowing you to respond to allegations against you.
• The decision was unreasonable to such an extent that no reasonable authority would come to this conclusion.
• Your human rights, as set out in the Human Rights Act 1998, are breached by the decision, for example, your right to a private and family life has not been observed.
• You have a legitimate expectation of a right, and this was not met, for example, you received a promise that you would have the permission you seek, or that a fair hearing would take place before the decision was made.

The judicial review process

There is a strict process to follow when seeking judicial review in immigration cases. We routinely deal with judicial reviews, and, if you ask us to represent you, we will put together a robust case on your behalf.

The first stage involves sending a pre-action protocol letter to the Secretary of State for the Home Department. This is a letter before action, advising them of our intention to request a judicial review.

In the letter, we will set out in detail why their decision is unlawful, and they will have 14 days in which to respond.

If the Home Office declines to revisit the decision, the next step will be to apply to the Upper Tribunal (Immigration and Asylum Chamber) or the High Court, requesting a judicial review. We will include the grounds on which the review is requested.

A judge will examine our submissions and decide whether there is a valid case to be heard. If they decide that there is not, we can request a hearing at which the issue will be examined.

If the judge grants permission for a judicial review, a hearing will be scheduled. Your case will be put, and the Home Secretary’s position will also be presented.

The judge at the judicial review hearing has a range of options when deciding the issue.

Time limits for judicial review

There are strict judicial review time limits when applying, and if you have received an adverse decision that you believe you may be able to challenge, you are strongly advised to speak to judicial review lawyers immediately.

The time limit for judicial review is usually three months from the date of the decision.

It is best practice to start the process as soon as possible, and not wait until close to the deadline.

If the time limit has passed, we may be able to apply out of time, but we will need to have a valid reason for the delay.

Judicial review costs and Legal Aid

We can discuss the likely costs of your judicial review with you. We will ensure that you have a lawyer with the correct level of expertise for your case, so that you are not paying more than you need to.

In some cases, Legal Aid may be available for a judicial review case, for example, where unlawful detention has taken place, or human rights have not been observed. This is means tested, and we can discuss whether you are likely to qualify, both on the basis of your income and assets and on the facts of your case.

What remedies can judicial review provide?

The judge in a judicial review case will not make a final order allowing an immigration application, but instead has a range of other options open to them. These include:

• Quashing the unlawful decision and requiring the Home Office to reconsider the case.
• Making a mandatory order requiring the Home Office to take a particular action, such as making a decision on an application.
• Making a prohibition order stopping the Home Office from taking a certain action, such as deporting an individual.
• Making an interim relief order, which is used to prevent removal from the country until the judicial review is concluded.
• A declaration stating the legal position in the case, for example, if the treatment of an individual has been unlawful.
• An order for damages, requiring compensation, for example, if an individual has been unlawfully detained.

Why choose Barnes Harrild & Dyer for your judicial review?

We are immigration specialists with a high degree of expertise in this important and complex sector. We are known both for the excellent client care we provide and for the outstanding results we achieve, including in the difficult and stressful area of judicial reviews, which are usually a last resort for clients.

Our Law Society accreditations mean that we adhere to the highest standards, and we are constantly working to stay up to date on current law and practices and to ensure our solicitors provide the best possible service.

We hold both the Immigration Law Advanced and Immigration and Asylum accreditations.

You will find our immigration judicial review process solicitors to be friendly and approachable, and we always aim to provide you with the support and updates you need.

For information on our related services, see:

• Immigration appeals and reviews solicitors
• Unlawful detention, bail and deportation solicitors
• Immigration injunctions solicitors
• Human rights lawyers in London
• Asylum, refugee and humanitarian protection

FAQs

What is the difference between an appeal and judicial review?

An appeal can challenge the facts, merits and application of the law in a case, and it may be possible for a case to be reheard at appeal.

A judicial review does not look at the merits, but only considers whether the matter was dealt with lawfully, including whether human rights were breached, the correct process followed and whether the authorities exceeded their powers.

How long does an immigration judicial review take?

The initial decision on whether a judicial review will be permitted can take around five months to be received.

If consent is not granted and we request a hearing of the initial decision, this can take around four months.

The time taken to reach a final judicial review hearing can be between nine and fifteen months.

Where the courts have substantial backlogs, the process can take longer than this.

Can I get Legal Aid for judicial review?

Means-tested judicial review Legal Aid is available for some types of cases, for example, if your human rights have been breached, an asylum application has been refused, or you have been unlawfully detained.

Your case will need a strong chance of success, and it will usually be necessary to obtain consent for judicial review before Legal Aid will be granted.

What happens if my judicial review is successful?

If your judicial review is successful, the judge will set out the next steps. This could be a reconsideration of your case by the Home Office, or an order that the Home Office take a particular action.

Can I apply for judicial review myself?

While it is possible to apply for judicial review yourself, you are strongly advised to use an expert judicial review solicitor. The process is complex, time limits are strict and mistakes may mean that you lose your rights.

For more information, see the government’s information on how to apply for a judicial review in an immigration or asylum case.

What is a pre-action protocol letter?

The pre-action protocol letter is the formal letter that we will send to the Home Secretary advising that we intend to challenge an immigration decision. It gives the authorities the chance to reconsider their position and resolve matters without the need for further action.

It will include a summary of your case and the grounds on which we are challenging the decision.

Contact our judicial review solicitors in London and Croydon

For further information and a free telephone consultation, call our London or Croydon offices today on 0208 681 5128 and speak to one of our senior immigration solicitors.