Immigration Judicial Review (JR) [Challenge Home Office Decision Letters By Judicial Review)
You can challenge an immigration decision by way of Judicial Review (JR) where you have not been given an appeal right to challenge the refusal decision.
Judicial Review (JR) in immigration cases is a process whereby an unlawful immigration decision of the Home Office UKVI or an Immigration Tribunal, as the case may be, can be legally challenged by way of legal proceedings in the court. Through Judicial Review (JR) the court reviews the unlawfulness of an immigration decision and if the decision is found to be unlawful, the decision is set aside by the court so that the Home Office UKVI or the Tribunal, as the case may be, can make a fresh lawful immigration decision.
Pre Action Protocol For Judicial Review
You should send a pre-action protocol (PAP) letter to Home Office UKVI before filing an immigration Judicial Review (JR) in Court and ask the Home Office UKVI to reconsider its refusal decision within 14 days.
A pre-action protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI. A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’. All of these terms refer to the same thing.
As specialist immigration solicitors, we can represent you in your pre-action protocol (PAP) letter for Judicial Review (JR) against the Home Office UKVI.
Judicial Review (JR) In The Upper Tribunal
You can challenge certain immigration refusal decisions by filing a Judicial Review (JR) in the Upper Tribunal (UT) if you have not been given right of appeal against the refusal decision.
Judicial Review In High Court
You can challenge certain immigration refusal decisions by filing a Judicial Review (JR) in High Court.
Cart Judicial Review (JR) In High Court
A Cart JR is a legal challenge by way of Judicial Review proceedings against a decision made by the Upper Tribunal (UT), Immigration and Asylum Chamber, to refuse permission to challenge a First-Tier Tribunal determination/decision, in circumstances where there is no further right of appeal to the Court of Appeal. It is a challenge based on a ruling from the Supreme Court in a challenge brought by someone called Cart.
A Cart JR needs to be brought within 16 days of the UT decision, rather than 3 months, as is the case with most other judicial reviews, and, crucially, the 16 days start on the date on which the Upper Tribunal permission refusal was sent.
JR Appeal To The Court Of Appeal
A decision of the Upper Tribunal or High Court involving an Immigration Judicial Review (JR) can be challenged in the Court of Appeal.
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