Specialist solicitors helping you to remain in the UK
If you have received an immigration decision against which there is no right of appeal, or you have exhausted all your appeal rights, then judicial review proceedings may be an appropriate step for you to take. It is important to note that judicial review will be refused if an alternative remedy is more appropriate, such as where you have failed to use a right of appeal, unless you can show that the circumstances of your case are exceptional.
Most of the judicial review proceedings we conduct on behalf of clients concern aspects of asylum and human rights claims, for example, where the Home Office does not accept that a fresh claim was made, or certifies a claim as no longer appealable or unfounded; deportation and removal cases (particularly human rights based challenges); as well as where the Secretary of State refuses to register or naturalise a person as a British citizen.
Judicial review involves a challenge to the legal validity of the decision. It may be that the Home Office or Tribunal whose decision is being challenged has done something which it had no lawful authority to do. It may have abused or misused its authority. It may have departed from the procedures which either by statute or at common law as a matter of fairness it ought to have observed. The decision itself may be perverse, or irrational, or grossly disproportionate to what was required. The decision may be erroneous in respect of a legal deficiency, for example, through the absence of evidence, or of sufficient evidence, to support it. Irrelevant matters may have been taken into account. There may have been a failure to take account of a relevant matter or a misconstruction of the terms of a statutory provision which the decision maker was required to apply.
The most common remedy sought by way of a judicial review is for the decision to be quashed and declared void. The High Court often sends the case back to the Home Office or the Tribunal that made the decision with a direction to reconsider the decision according to the findings of the High Court.
Our expert solicitors will assess your case papers to consider if the decision maker has made an error of law i.e. did the Home Office or Tribunal ask the right question(s)? If there has been no error of law then in many cases it is arguable that the decision made was irrational or unreasonable, such that no reasonable authority could ever have come to such a decision. This is where careful consideration needs to be given as to whether the Home Office or Tribunal took into account factors that were irrelevant and/or omitted to take relevant matters into account in your case.
At Saxon Solicitors, we have a thorough understanding of how to make a successful judicial review application.