Judicial Review

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Judicial Review

Judicial Review is a legal process by which a ruling or decision made by a public body can be reviewed by a court of law.

Whilst it is not possible to appeal against every immigration refusal decision, it may be possible to seek an Administrative or Judicial Review of that decision. In simple words, Judicial Review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body exercising a public law function.

A Judicial Review can also challenge the way a decision has been made.

An application for Judicial Review should be made no later than 3 months after the decision that you are trying to challenge was made.

Times when you should be looking to apply for your judicial review:

  • If you have been detained unlawfully.
  • If your Asylum claim has been certified.
  • If your human rights claim has been certified.
  • If NRM has refused your claim as a potential victim of trafficking or modern slavery.
  • If you have been refused permission to appeal at the upper tribunal (the time limit for a judicial review, in this case, is 16 days).
  • If your further submissions have been rejected as not a fresh claim, with no right of appeal.

If your application is successful, then your case will be sent to the Home Office for them to make a fresh decision on it. If the Home Office follows the correct process then the same decision will be made, such as considering all the documents provided by you. It should however be noted that Judicial Review can be a complex and time-consuming procedure.

 

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