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Judicial Reviews (JR)
A judicial review is a legal process through which individuals can challenge the lawfulness of decisions or actions taken by public bodies, including immigration decisions made by the Home Office. This process ensures that public authorities act within the law and provides a mechanism for correcting unlawful decisions. Immigration Solicitors UK recommends seeking expert legal advice to navigate the complexities of judicial reviews and enhance the likelihood of a successful outcome.
Unique Points About Judicial Reviews
- Legal Oversight: Allows for the examination of the lawfulness of decisions made by public bodies.
- High Court Process: Conducted in the High Court, providing an independent and impartial review.
- Correcting Unlawful Decisions: Ensures that decisions are made in accordance with the law, and unlawful decisions can be overturned.
- Procedural Fairness: Focuses on the fairness of the decision-making process, not just the decision itself.
- Wide Scope: Can address a variety of issues, including immigration, human rights, and asylum decisions.
- Time-Sensitive: Must be initiated promptly, typically within three months of the decision being challenged.
- Remedies: Can result in remedies such as quashing orders, prohibiting orders, and man datory orders.
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To apply for a judicial review, individuals must follow specific legal procedures and demonstrate that the decision in question was unlawful, irrational, or procedurally unfair. Immigration Solicitors UK can assist in preparing and presenting a strong case for judicial review.
Requirements and Process:
- Pre-Action Protocol: Before filing for judicial review, a pre-action protocol letter must be sent to the public body outlining the grounds for the challenge and seeking resolution without court intervention.
- Grounds for Judicial Review: Identify the grounds for the challenge, which can include illegality (the decision-maker did not have the legal authority to make the decision), irrationality (the decision was unreasonable), or procedural unfairness (the decision-making process was flawed).
- Filing the Claim: Submit a claim form to the Administrative Court, including detailed grounds for the review, supporting evidence, and a statement of facts. The claim must be filed promptly, usually within three months of the decision.
- Permission Stage: The court first considers whether to grant permission for the judicial review. This involves a preliminary assessment of the merits of the case.
- Substantive Hearing: If permission is granted, a substantive hearing is held where both parties present their arguments. The judge reviews the lawfulness of the decision and the decision-making process.
- Filing the Claim: Submit a claim form to the Administrative Court, including detailed grounds for the review, supporting evidence, and a statement of facts. The claim must be filed promptly, usually within three months of the decision.
- Court Decision: The court can grant various remedies if it finds in favor of the applicant, including: Quashing Order: Nullifies the original decision. Prohibiting Order: Prevents the public body from taking certain actions. Mandatory Order: Requires the public body to perform a specific act. Declaratory Judgment: Declares the legal rights of the parties.
- Appeal: If the judicial review is unsuccessful, there may be an option to appeal the decision to a higher court, depending on the circumstances.
By ensuring these requirements are thoroughly met and presenting a compelling case, Immigration Solicitors UK can help applicants successfully navigate the judicial review process, ensuring that public body decisions are fair, lawful, and just.