Judicial Review
Challenging unlawful Home Office decisions in the Upper Tribunal and High Court.
Judicial review is a legal process by which the High Court (or the Upper Tribunal in immigration cases) can scrutinise the lawfulness of a decision made by a public body such as the Home Office. It is a remedy of last resort, available where no other adequate remedy exists, and is one of the most powerful tools available for challenging unlawful immigration decisions. BW Solicitors provides specialist judicial review advice and representation to clients across Ilford and London.
When Is Judicial Review Available?
Judicial review is most commonly sought in immigration cases where there is no right of appeal to the Tribunal, or where the Tribunal itself has made an error of law. Common immigration judicial review scenarios include challenges to unlawful refusals of leave to remain, challenges to removal decisions, challenges to the detention of individuals, and cases where the Home Office has failed to apply its own published policies and guidelines.
- Challenges to unlawful refusals of leave to remain
- Challenges to decisions where the Home Office has failed to apply its own policy
- Challenges to unlawful removal or deportation decisions
- Cases involving delays in decision-making by the Home Office
- Challenges to Upper Tribunal decisions on further appeals
- Pre-action protocol letters (PAP) requiring the Home Office to reconsider
The Judicial Review Process
A judicial review claim must ordinarily be brought within three months of the challenged decision (or shorter in some immigration cases). The process begins with a pre-action protocol letter, which gives the Home Office an opportunity to reconsider its decision. If the matter is not resolved, a claim for permission to apply for judicial review is lodged with the Upper Tribunal or the Administrative Court. If permission is granted, the case proceeds to a full hearing.
- Drafting and sending the pre-action protocol letter
- Advising on prospects of success
- Lodging the claim for permission
- Preparation of full grounds and evidence
- Representation at permission and full hearing stages
- Injunctions to prevent removal pending proceedings
Why Choose BW Solicitors?
Judicial review is a complex and technically demanding area of law. Our solicitors have experience with judicial review proceedings in immigration cases and will give you an honest assessment of your prospects before proceedings are commenced. We serve clients across Ilford, East London, London and beyond.