An immigration judicial review is a process used to challenge Home Office decisions.
A judicial review will challenge the process followed during the decision making as opposed to challenging the outcome. Therefore, if your immigration application has not been successful and you do not have the right of appeal, then you may be able to seek a judicial review if you believe that the way your decision was made was either illegal, irrational or unfair.
There are a handful of reasons to make an immigration judicial review, these include:
Illegality: if you believe that the decision-maker broke the law, or did not have the legal power to make the decision, or used their power inappropriately then you may be able to seek a judicial review.
Irrationality: if you believe that the decision is unreasonable then you may be able to launch a judicial review on the grounds of irrationality.
Unfairness: if you believe that the process leading up to the decision was improper (e.g. the judge showed bias or didn’t follow statutory procedures) then you may be able to seek a judicial review.
The decision breaches the Human Rights Act 1998.
Below is a list of examples where a judicial review may be considered, this is not a definitive list so please consult an immigration lawyer if you are unsure of your options:
Your immigration or visa application has been refused and you do not have the right of appeal and an administrative review has not resolved the issue.
You have been detained unlawfully.
You cannot appeal at the Upper Tribunal, but you still believe that you can prove that an error of law has been made in your case.
The Home Office consider that your further submissions do not amount to a fresh asylum claim.
When pursuing a judicial review, it is important to be aware that costs can easily run into the thousands. Not only do applicants need to pay for the court fees, and their own legal fees, but if unsuccessful, they may be expected to cover the costs of the successful party.
The specific costs of pursuing a judicial review vary by case, so for a more accurate figure as to what the costs could be please consult an immigration lawyer.
Yes, it is possible to get legal aid to fund a judicial review providing that you meet the financial requirements and your case has been evaluated by a Barrister as having a sufficient chance of success. Applicants who are funded by the Legal Aid Agency are not required to cover the costs of the successful party if their review is unsuccessful.