A judicial review is an administrative review of a decision, where the legality of that decision and the process that was used to make the decision are brought into question. This type of civil action is most commonly used, in immigration cases, where no right to appeal has been granted and as a last resort. The process can be complex, as well as time consuming, and although it does not strictly challenge the decision itself, it does challenge the process that led to the decision.
A judicial review is a very specific form of civil action, that is used in UK law in order to have a court oversee a specific decision made against an individual, by a public body. Judicial reviews may be used in a variety of instances, including those where local authorities and other public bodies have refused, or turned down, an application for benefits. They are also used within the immigration process.
It is not common practice to use a judicial review to question the final decision made in an immigration case. However, one may be used to question the fact that a right to appeal was not granted, or to question the legality of a removal to a safe third country. If the court determines that these decisions were made unlawfully, then it can enable you, and your legal team, to mount an additional legal challenge, which could, in turn, help ensure that you are not removed from the country.
The immigration process can be stressful and difficult, especially if deportation or removal is imminent. However, even if a person is being detained, the Home Office has determined that they should be removed, and no right of appeal has been granted, it may not be too late to seek professional legal assistance to challenge some element of the decision.
Much is at stake when it comes to immigration cases, and the system can work quickly once the wheels are in motion. Whether you are looking to challenge the decision of a court, want to appeal where the right to appeal has been granted, or believe that you should have been granted the right to appeal, you should enlist the help of a qualified and experienced legal professional.
© 2015 Imperium Chambers. All rights reserved.
2 Selkirk Road