JR JUDICIAL REVIEW APPLICATION AGAINST REFUSAL DECISION BY HOME OFFICE (ON PAPERS) & SUBSTANTIVE HEARING

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JR Judicial Review Application is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the Home Office.

In Immigration matters a JR Judicial Review is the most effective remedy where no alternative remedy is available e.g. the Home Office has not granted a right of appeal or administrative review or statutory right of administrative review has been exhausted etc.

WHEN CAN JUDICIAL REVIEW BE AVAILED

Following are some of the circumstances when a permission to apply for Judicial Review application in the Upper Tribunal UTIAC or the High Court may be lodged against the refusal decision of the Home Office, UKVI:

  1. The Home Office has refused application for leave to remain (visa extension or variation of leave to remain or Indefinite leave to remain application) without a right of appeal.
  2. The Home Office has refused the administrative review applications made against the refusal of the visa extension or variation of leave to remain or indefinite leave to remain application.
  3. The Home Office has cancelled or revoked leave to remain or entry clearance without a right of appeal
  4. The Secretary of State Home department has refused to exercise discretion (outside immigration rules).
  5. The Entry Clearance Officer (visa officer) in British Diplomatic post overseas / British High Commission / British Embassy has refused entry clearance visa application without a right of appeal or right to administrative review or administrative review has been exhausted.
  6. The Home Office has refused application for British citizenship.
  7. The Home Office has refused an application for sponsorship license to employ overseas workers or recruit overseas students
  8. The Home Office has revoked sponsorship license of an existing license holder business.

The Applicant can challenge the original and any subsequent decision within 3 months from the date of the refusal. If the Home Office refuses to overturn the decision following Pre-action Protocol letter then we can lodge Judicial Review proceedings.

JR JUDICIAL REVIEW PERMISSION APPLICATION AGAINST REFUSAL DECISION – GROUNDS OF JUDICIAL REVIEW

After the Pre Action protocol has been served on to the Home Office and you do not agree with the response from the Home Office or Home Office has not responded to your Pre- action; we can issue a claim form in the Upper Tribunal for JR Judicial Review permission application against refusal decision. Initially the Upper Tribunal UTIAC shall decide on paper application for (permission to bring) Judicial Review against refusal decision of the Home Office i.e. Secretary of State for the Home Department, entry clearance officers ECOs and others official acting on behalf of Home Office.

Time to Lodge Judicial Review JR Application

The deadline to lodge (Permission) Judicial Review JR application is 3 months from the date of the most recent refusal decision of the Home Office. In case of the applicant being given right of administrative decision, it would be from the date of refusal of administrative review application, while in case where there was I right of administrative review it would be the date of the Home Office refusal decision.

Grounds of Judicial Review against Home Office

One has to carefully consider and draft the grounds of Judicial Review against Home Office on which the Applicant may rely in the permission application for Judicial review to the Upper Tribunal or the High Court. The main point here is to identify an error of law in the decision of the Home Office. It needs to be assessed whether the secretary of state for Home department has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the Upper Tribunal or apex courts. It requires a wealth of expertise and experience to draft good grounds in such matters, enhancing the chances of success.

Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal or the High Court whichever is applicable, taking account of arguments and documents presented by both parties, makes a decision.

Outcome of the Judicial Review Permission Application

The Upper Tribunal (Immigration and Asylum Chambers) or the High Court, whichever the case may be, may take one of the following actions:

  • Grant permission for Judicial Review on all grounds
  • Grant permission for Judicial Review on one or more grounds
  • Refuse permission for Judicial Review

If Judicial Review permission is granted on all or limited grounds, the matter is then scheduled for a substantive court hearing at the Upper Tribunal (Immigration and Asylum Chambers) or the High Court and both the parties are issued with specific directions for the preparation of the substantive court hearing.

If the permission is refused then the claimant may apply to renew the permission application in an oral hearing.

RENEWAL OF JUDICIAL REVIEW APPLICATION ORAL HEARING & SUBSTANTIVE HEARING

Once the Judicial Review JR application is refused by the Upper Tribunal (Asylum and Immigration Chambers) or the High Court, on papers, the applicant may renew the JR application to be reconsidered in an oral hearing.

Time to Lodge JR Renewal Application

The deadline to make this application is 09 Days from the date of decision of the Upper Tribunal (Asylum and Immigration Chambers) or the High Court.

Oral Hearing

One has to carefully consider the reasons given by the UT or the High Court while refusing the JR permission application on papers, to assess whether the permission application should be renewed at all or not.

The main point here is to identify an error of law in the decision of the Home office and also to address any reasons given by the UT or the High Court while refusing the JR permission application on papers. We rely on our really good team of barristers that we have on our panel for their advocacy skills and liaise with them to discuss best way to address the issues.

Outcome of the Permission Application (Oral Hearing)

The Upper Tribunal (Immigration and Asylum Chambers) or the High Court, whichever the case may be, may take one of the following actions:

  1. Grant permission for Judicial Review on all grounds
  2. Grant permission for Judicial Review on one or more grounds
  3. Refuse permission for Judicial Review

If permission is granted on all or limited grounds, the matter is then scheduled for a substantive court hearing at the Upper Tribunal (Immigration and Asylum Chambers) or the High Court and both the parties are issued with specific directions for the preparation of the substantive court hearing.

On the other hand should the permission to apply for Judicial Review JR is refused and permission to appeal to court of appeal is also refused by the Upper Tribunal or the High Court; an application can then be made to the Court of Appeal for permission to appeal to the Court of Appeal against the both orders of the Upper Tribunal refusing permission to apply for Judicial Review.

Substantive Court Hearings at the Upper Tribunal (Immigration and Asylum Chambers)

Once permissions is granted, the matter is listed for hearing at the Upper Tribunal (Immigration and Asylum Chambers) or the High Court and we then prepare for the substantive court hearing, which includes complying with the directions issued by the Upper Tribunal or the High Court, preparing bundles for the hearing and a brief for the counsel and finalizing Skeleton arguments. We have won several Judicial Review matters for our clients.

Why to instruct Chauhan Solicitors for Pre-Action Protocol letter, Judicial Review JR Application and Renewal of JR Applications

We are a city law firm, specialising in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully on their Human Rights Applications and Human Rights Appeals.

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