news

Immigration Appeals gone for most applications
Immigration Appeals severely restrictedFrom 6 April 2015, legislative changes have restricted the ri ...
read more

Evidential flexibility now in Immigration Rules!
Good news for people applying under the Points Based System (including Tier 1 General, Tier 1 entrep ...
read more

Judicial Review

Judicial review is the method by which an individual can challenge decisions of a public authority by making an application to the Administrative Court of the High Court.

The remedy of Judicial Review is only available to an individual when they have no other remedy available to them under English law. In immigration cases this will be where there is no right of appeal against a decision of the Home Office. Common examples of decisions which do not carry a right of appeal are:

Refusal of an application (for example, Tier 1 highly skilled) where the applicant continues to have leave to remain and so does not have a right of appeal;

Refusal of Citizenship;

Refusal of entry clearance (in most non-settlement cases, for example, as a visitor).

Our services

Initial Advice - we will meet with you and consider your case in detail and advise you on the prospects of success that a Judicial Review would have. As a JR is an application to the High Court on a point of law, it will often involve complicated legal issues. We will usually find it appropriate to consult with a barrister before commencing proceedings. We have contacts with a number of barristers who will give us their opinion on a pro bono basis (without charge).

At the initial advice stage we will inform you of our fees and of your potential liability to the fees of the other side, the Secretary of State.

Stage 1 - Lodging a pre-action protocol

Before making a claim against the Home Office or any other public body, you must warn them that you intend to take proceedings. This letter of warning is called a pre-action protocol. This is useful as it can cause them to review their decision to avoid the costs of instructing the treasury solicitor to act for them.

This letter is required to specify a time limit within which a specified action must be done to prevent JR proceedings being initiated. for example, it is common to state that if the decision is not reversed within 28 days then Judicial Review proceedings shall be commenced.

Stage 2 - Commencing proceedings

Once the time limit has expired, then a final decision must be made as to whether to commence proceedings taking into account any response from the other side. We will advise you further as to the costs implications and to the merits of the case.

We do try to offer fixed fees in most of our cases.

The court procedures following the commencement of a Judicial Review are complex and we do not propose to set them out here. If you have questions on this matter please contact us.

success stories

Tier 1 and Tier 2 Appeal and Judial Review Victories
The Home Office have been interpreting the Tier 1 and Tier 2 requirements very strictly.

We have had great success in winning many appeals and Judicial Reviews against Tier 1 and Tier 2 refusals.
read more

Entry Clearance Appeals
Decisions of Embassies and BHCs overseas sometimes fail to fairly consider an individuals case. Refusals over the last few months have often been on maintenance grounds on the basis of minor issues with documents.

We have an excellent record of overturning unfair decisions made by Entry Clearance Posts.

See more details of our recent successes.
read more