Judicial Review
What Is A Judicial Review?
If you are looking to challenge the decision made by a public body such as a court, tribunal, government department or other organisation, you can apply for a judicial review.
While they share similarities with legal appeals, judicial reviews are separate in that while appeals challenge the outcome of a case, judicial reviews analyse how a case has reached its resolution to determine whether or nor the resolution is lawful.
When challenging the outcome of a case, be it immigration, criminal or financial, it’s vital to avoid delay in making your application for judicial review as this can seriously prejudice the outcome.
As experts in the field, our team of judicial review solicitors and immigration appeal solicitors can help you navigate your case efficiently and effectively to avoid such delays. Contact us today to find out further on how we can help you.
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What Is An Appeal?
A legal appeal is a full hearing of your case in the First-Tier Tribunal before a judge. And, if granted, can allow a judge to overrule any decisions made by a public authority, make their own judgements or request that the Home Office reconsider their decision.
If dismissed, the decision in question will be appealed under the Upper Tribunal where the judge may request another First-Tier Tribunal hearing if there is evidence of unlawful decision-making found.
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How Are Appeals & Judicial Reviews Relevant To Immigration Law?
All immigration applications are reviewed by the Home Office. And, as a public authority, any decisions made by the Home Office can be challenged by judicial review.
If any applicant wishes to challenge the decisions made surrounding their immigration application, they can do so on the grounds of illegality, irrationality or unfairness. And, in any instance where the Home Office’s decisions surrounding an immigration application are found to be unlawful, unfair or irrational, the case will be reconsidered.
Although no promises can be made that cases subject to Judicial Review will have a change of outcome, the process always involves intense examination to ensure that the decision made has been done so in a lawful manner.
