A Judicial Review is a court proceeding where a judge reviews a decision made by a public body such as the Home Office.

The Upper Tribunal, Immigration and Asylum Chamber (UTIAC) and the High Court decide applications for judicial review of certain decisions made by the Secretary of State for the Home Department, entry clearance officers and others, under immigration legislation.

The classes of case where an application to challenge such a decision may be made to the UTIAC are those to which paragraph 1 of the Lord Chief Justice’s direction of 21 August 2013 applies.

The UTIAC also has jurisdiction to deal with judicial reviews of other decisions, where the application has been made to the High Court, but which that Court decides to designate as an immigration matter and transfer to the UTIAC under section 31A(3) of the Senior Courts Act 1981.

It is also possible for a Court to transfer a judicial review application to UTIAC, where the challenge is to the assessment of the age of a person who claims to be a minor from outside the United Kingdom.

Where the Home Office, have refused an application for entry clearance or indefinite leave to remain (ILR) and have not granted the right of appeal against the refusal of the application, such refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal letter.

The Civil Procedure Rules require that Pre-Action Protocol notice must be sent to the Home Office, giving them at least 14 days to review their decision and change their decision in light of the information/documentary evidence given through Pre Action Protocol letter. As a result of Pre Action Protocol letter, the Home Office, may review their decision to refuse the application and may either maintain the refusal or grant the visa.

If the decision to refuse is maintained by the Home Office, or they do not respond to the Pre Action Protocol letter within 14 days, you can make an application to the Upper Tribunal for permission to apply for Judicial Review.  The majority of the applications for permission to apply for Judicial Review (JR) are resolved by consent at this stage after negotiations between the Treasury Solicitors (the solicitors representing the Home Office) and the claimant’s solicitors.

If an application for permission to apply for Judicial Review (JR) is refused by the Upper Tribunal, the claimant can then make an application for renewal of permission for Judicial Review (JR) within seven days for the permission application to be decided after a court hearing. The court list the matter for hearing and the permission is granted or refused after the court hearing.

If the permission is granted either at the stage of an application on papers or after the hearing in the court, the Judicial Review (JR) then is listed for substantive hearing whereby the Upper Tribunal decides whether or not the decision of the Home Office is in accordance with the relevant laws.

If permission to apply for Judicial Review (JR) is refused by the Upper Tribunal following an oral hearing, an application can then be made to the Court of Appeal for permission to appeal to the Court of Appeal within seven days of the order of the Upper Tribunal refusing permission to apply for Judicial Review.