Judicial Reviews in the High Court

 

Judicial Review is a process that allows people whose application has been refused by the Home Office without appeal rights granted to apply to the High Court and request a judge to review the lawfulness of the decision, action or failure to act in relation to the exercise of a public function.

Where a negative decision is made and all avenues of appeal have been exhausted, the only other way to challenge the decision would be by way of Judicial Review in the High Court.

Application for Judicial Review would in the first instance be considered on paper only, i.e. a High Court Judge would consider the application without the parties present. If unsuccessful, the application may then proceed to an oral hearing whereby your matter would be heard in an open Court.

 

Some of the matters that are likely to proceed to Judicial Review include the following:

 

• Where there is a failure to exercise a public function by the Home Office
• Where there are removal directions while there is a pending application
• Where a fresh claim has been refused and all appeal rights exhausted
• Where there is an unreasonable delay by the Home Office to consider an application

 

Please note that the above list is not exhaustive and there are many other instances where a Judicial Review action could be triggered. Any Judicial Review application should be made to the High Court within 3 months after a decision made by a public body.

 

 

The Services We Offer

 

If your application is refused and you have exhausted all your appeal rights, our Immigration team would advise you on the prospect of success in proceeding for Judicial Review and any potential costs implications. It is in your interest to seek assistance as soon as a decision is made as there are strict deadlines, financial implications and assessment of merits to be considered prior to making such an application.