Are you considering judicial review in immigration cases after getting an unfavourable decision? If you want to review the decision and look for complete legal guidance?
This is the right place.
The process can be complex, with potential discrepancies, legal timeframes, and other procedural issues to address. A professional solicitor with experience in immigration cases can assist you in applying for judicial reviews in immigration matters.
This blog will guide you through the important aspects and procedures you might encounter.
What Is the Process of Judicial Review in Immigration Cases?
Judicial review involves applying to a judge to review decisions made by the home office and other government institutions. It doesn't guarantee the right to seek a reversal of the decision but will verify if the due process was followed legally. You might have encountered various inquiries or have a few in your thoughts.
One of the questions you might be interested to know that where to start and what is the first step toward judicial review applicants in immigration cases.
First, you need a professional solicitor who will judge the home office's decision and assess its situation. He will analyse and decide what grounds we are setting for judicial review in immigration. The details about the possible grounds are discussed in the later section.
Notifying the Home Office
A notification is sent to the home office to let them know that a judicial review has been filed against the decision. The home office will examine the application and might reconsider the decision.
Waiting for Response
The legal process must be considered within 14 days; if no response is received within this time frame, the review application will be formally filed.
Initiating the Review
First, you need to file a petition; a professional solicitor can help you in this regard. MSD Solicitors, a top-ranked legal service in Manchester, specialises in immigration-related legal issues across the UK. Our dedicated team simplifies and streamlines your application process, ensuring complete transparency.
Submission of Evidence
The applicant submits the record of the immigration proceedings, including all documents and evidence presented during the original case. This record is crucial as the court’s review is generally limited to this information.
Court’s Evaluation
After the submission of the petition and evidence, the court thoroughly examines the immigration decision. The honourable court assesses for any legal mistakes, unjust procedures, or breaches of rights. The assessment relies on the materials and proof submitted, as fresh evidence is not usually permitted at this point.
Court’s Decisions
The court will issue a decision following the assessment, which could either be in your favour or against you. If the review application is not in your favour, it is rejected; if it is, the case is sent back to the home office for further review and request for reconsideration. In some cases, the court might also offer compensation if rights are violated.
What are the Grounds for Judicial Review in Immigration?
It is crucial to assess the potential reasons for challenging an immigration decision in preparation for a judicial review. Judicial review does not involve contesting the decision, but rather verifying if the process was legal, just, and adhered to the appropriate legal standards. It ensures that public authorities, such as the Home Office, are responsible for their actions.
Before embarking on this course, it is important to understand that judicial review is a complicated legal procedure that necessitates a solid foundation, and it is vital to grasp the reasons behind your claim. We will examine the main legal grounds that may be relevant to your immigration case and assist you in evaluating if your application is legally sound.
Mistake in Legal Matter
An error in law is one of the most frequently cited reasons for judicial review. This happens when the decision-maker, like the Home Office, misunderstands or improperly uses the law while making decisions. The Home Office can be challenged through judicial review if they incorrectly interpret immigration rules or apply the wrong legal test when making asylum claim decisions.
Irrational Decision
If a decision is deemed to be illogical or not sensible, it can be questioned. This particular basis is commonly known as Wednesbury unreasonableness, established by a legal case that established the criteria for this form of assessment.
Procedural Unfairness.
Procedural fairness demands that the person impacted by a decision is provided with a just chance to state their position. It also constitutes that the decision-making process adheres to correct procedures.
Violations of Human Rights
Challenging a decision that violates your human rights under the European Convention on Human Rights (ECHR) is possible through judicial review. The Human Rights Act 1998 legally binds the government of the UK to safeguard individuals against decisions that violate basic rights.
Fear of Inhumane Treatment
You can review the application based on the potential threat of facing inhumane treatment. Article 3 of the ECHR is guaranteed to provide asylum to the person who provides the evidence of possible inhumane treatment or torture.
Who Can Apply for Judicial Review in the UK
Anyone who has been impacted by the decision can apply for immigration judicial review. Whether it is a violation of human rights, procedural unfairness, or technical error, anyone can file a review application. Judicial review is commonly applied when all other legal options are exhausted.
It is primarily used in immigration cases, asylum claims, or situations involving human rights. You must clearly connect to the situation and submit your application within 3 months following the decision.
Immigration Judicial Review Success Rate
Another frequently asked question concerns the rate of success in judicial reviews. This depends on your solicitation services and the grounds you are making for your application pursuit. MSD solicitors offer legal assistance in immigration judicial reviews in the UK with a high success rate. We are among the top three solicitors in Manchester dedicated to assisting in the UK.
How Long Does Immigration Judicial Review Take?
You may not want to file a Judicial review in immigration cases as it is typically considered a last resort. The judicial review option is chosen when you have exhausted all other avenues for success in the immigration process. It typically takes about 12 months to finish because it is a complicated and challenging process that demands full dedication.
In Conclusion, we have carefully examined every aspect of judicial immigration review in the UK. The Judicial review process consists of applying, legal basis, duration, and likelihood of success. Even with knowledge of various processes and procedures, the assistance of a professional solicitor is essential for the smooth execution of the process.
MSD Solicitors offers legal support for UK immigration judicial review applications. We have a committed group of experts ready to assist you. Contact the top legal service provider in the UK to find a solicitor that present you in the judicial review.
コメント