When The Home Office refuses an visa application, and there is no alternative remedy available, the decision may be challenged as irrational, unreasonable and unlawful. Our lawyers are highly skilled in identifying the errors and weaknesses in decisions made by the Home Office. Especially in circumstances where, in- country right to immigration appeal has not been granted.
Often applications for Judicial Review are lodged with the Upper Tribunal. Our experts will carefully draft grounds for the immigration Judicial Review, prepare your Judicial Review bundle and make an application to present your case to the Upper Tribunal. Upon commencement of Judicial Review Proceedings, the Upper Tribunal will send us a sealed copy of the Claim Form. Our team will then file and serve a copy of the sealed Claim Form and the specific grounds for Judicial Review with the Government Legal Department who represent the SSHD (Secretary of State for Home Department). The Government Legal Department will subsequently advise the SSHD, and if they propose to defend their refusal decision, they will continue to file and serve an acknowledgement of service and the summary grounds of defence before the Upper Tribunal.
The Upper Tribunal will then review the Judicial Review Application without a hearing and will determine whether permission for the Judicial Review is to be granted or not. Fundamentally, the key points to establish when challenging a decision and applying for Judicial Review are to prove that the decision made by the public authority was irrational, unreasonable and unlawful.
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