Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public body such as a government department.
Types of event that could be subject to judicial review include:
- a failure to act, such as a delay in issuing a document or making a decision;
- the setting of removal directions, which usually means that the person lodging the JR thinks their removal would infringe their rights (for example, rights under the Refugee Convention, European Convention of Human Rights or European Community instruments);
- a refusal to accept that further submissions amount to a fresh claim;
- a decision to certify a claim as clearly unfounded; or
- immigration detention.
Ordinarily, an application for judicial review should be made no later than three months after the decision that is being challenged was made and should only be lodged after all ordinary appeal rights are exhausted. There are however decisions of public bodies whereby the ordinary 3-month period is reduced to 16 days and the threshold for obtaining permission is increased alongside other variations to the rules.
Judicial review proceedings may not be suitable for all applicants and any representative should have extensive knowledge and experience before undertaking this work. Our solicitors are able to advise potential litigants on the merits of judicial review and represent them at all stages of their proceedings. Where we consider that a particular barrister may have specialised expertise in a judicial review matter, we can liaise accordingly to ensure that a judicial review matter is conducted according to the best interests of a client, following prescribed procedures in the UK.
If you are unsure as to which service might be appropriate for your matter, or have any other queries about our immigration services, we warmly invite you to contact our team of experienced practitioners. You can do this by clicking on the links below or by telephoning or emailing our offices. You can explain to the receptionists that you are seeking to speak with the immigration team.
Telephone our offices:
London: 020 3443 9576
High Wycombe: 01494 451355
Marlow: 01628 958445
Email our immigration practitioners: firstname.lastname@example.org