Judicial Review-Permission Application (on papers)

Judicial Review Application (on Papers) & Substantive Hearing

Outcome of the Permission Application (Oral Hearing)

This is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

In Immigration matters a Judicial Review (JR) 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.

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

The Home Office refuses application for leave to remain (visa extension or variation of leave to remain or Indefinite leave to remain application) without a right of appeal.

The Home office refuses the administrative review applications made against the refusal of the visa extension or variation of leave to remain or indefinite leave to remain application.

The Home Office cancels or revokes leave to remain or entry clearance without a right of appeal

The Secretary of State Home department refuses to exercise her discretion (outside immigration rules).

The Entry Clearance Officer (visa officer) in British Diplomatic post overseas / British High Commission / British Embassy refuses entry clearance visa application without a right of appeal or right to administrative review or administrative review has been exhausted.

The Home Office refuses application for British citizenship.

The Home Office refuses an application for sponsorship license to employ overseas workers or recruit overseas students

The Home Office revokes sponsorship license of an existing license holder business.

The Applicant can challenge the original and any subsequent decision within 90 days from the date of the refusal. If the home office refuses to overturn the decision following Pre-action Protocol letter then we can proceed in formally lodging Judicial Review proceedings.

Permission Application (on papers) – 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 permission to apply for Judicial Review. Initially the Upper Tribunal UTIAC shall decide on papers applications for (permission to bring) judicial review against decisions 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 JR Application

The deadline to lodge Permission application of Judicial Review is 90 days from the date of the most recent 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 no right of administrative review it would be the date of the notice of decision issued by the home office.

Grounds of Judicial Review

One has to carefully consider and draft the grounds on which he or she may rely in their 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 the higher 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 21 days to file “Acknowledgment of Service” along with the grounds of defence. 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 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 then apply to renew the permission application in an oral hearing.

Substantive Court Hearings at the Upper Tribunal

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. Here comes the job of the Immigration Barristers once again and we really trust our barristers in arguing the legal flaws in the decision of the Home office or the Tribunals, and have won several Judicial Review matters for our clients. Working in liaison with our Immigration Barristers allows them to have a deep insight in the matter and to prepare the cases accordingly.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), 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.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter:We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations:We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

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