Judicial Reviews

Applying for a Judicial review in an Immigration case

In your immigration claim, if you wish to contest the legality of a decision or any action taken by a public entity, you have the option to seek redress through the UTIAC (Upper Tribunal Immigration and Asylum Chamber) by applying for a judicial review.

The Home Office, the First Tier Tribunal, or your local Council can all fall under the umbrella of a public organization.

Should you find yourself facing the consequences of a public entity’s decision that has directly and adversely affected you, do not hesitate to reach out to us at Muldoon Britton for our unwavering support and guidance.

Our experienced attorneys are well-versed in the intricacies of judicial review procedures and can offer valuable insights regarding the viability of contesting the decision at hand.

Only use the judicial review process if you are challenging something on the grounds that it is either unlawful; illegal; irrational or unreasonable.

Procedure of Judicial Review:

In the process of a judicial review, the court undertakes an examination of the legality of a decision taken by a public entity. A judge is tasked with carefully assessing the process of decision-making while considering its compliance with both the law and reasonableness.

If you want to dispute a ruling made by a government entity, it is of utmost importance to promptly take action, as there are specific deadlines that must be followed. In most cases, you must lodge a legal challenge within a period of three months after the decision was rendered.

Fees:

A judicial review application has several stages. The first stage is the initial application. The fee for the initial application is £154.

Depending on whether your initial application is successful and what happens next you will have to pay additional fees.

For more information on our Judicial Reviews Service, please get in contact where we would love to discuss with you further.

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Filing of Judicial Review application

After you have filed your application for a judicial review and provided the sealed copies to the respondents, they have 21 days to acknowledge with the tribunal that they have received the application.

A judge will then look at your application and the respondent’s acknowledgement of service and decide whether to give permission for the case to proceed to a judicial review hearing.

If permission is granted the fee for a final hearing is £770. You must pay the fee within 9 calendar days of the tribunal sending you the judge’s decision. If you do not do this, your case will be automatically ‘struck out’ ending the claim.

If permission is refused

If permission is refused by the Judge, they may decide the application is totally without merit or not totally without merit.

If the judge decides that your application is totally without merit, you will not be able to go any further. You will need to check the decision letter if there is a legal right to appeal against this decision.

If permission is refused by the Judge not totally without merit, you may be able to apply for reconsideration on the same grounds as your initial application.

Fees:

Application for reconsideration – the fees to apply for reconsideration on the same grounds is £385.

Contact Us:

For a thorough discussion of your case and to learn more about how we can assist you in successfully challenging a decision made by a public body, we invite you to get in touch with us today.

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