Judicial Review (JRs) in the Upper Tribunal2018-05-22T14:43:24+00:00

Judicial Review (JRs) in the Upper Tribunal

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What is a Judicial Review (JRs) in the Upper Tribunal?

The Upper Tribunal, Immigration and Asylum Chamber 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.

Judicial Review (JRs) in the Upper Tribunal

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, UKBA 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, UKBA 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, UKBA 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, UKBA 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. Such application is made on papers and the court will refuse and grant permission on papers and without a court hearing. 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, UKBA) and the claimant’s solicitors.

If a paper 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 7 days for the permission application to be decided after a court hearing. The court will list the matter for hearing and the permission will be 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) will then be listed for substantive hearing whereby the Upper Tribunal will decide whether or not the decision of the Home Office, UKBA 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 7 days of the order of the Upper Tribunal refusing permission to apply for Judicial Review.

If you have any questions regarding a Judicial Review in the Upper Tribunal contact us today and speak to one of our dedicated immigration lawyers

London: 020 3051 5060
Belfast: 028 9002 2371

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We Cover:

  • Pre Action Protocol
  • Application to Upper Tribunal for Judicial Review
  • Renewal of Application to Upper Tribunal for Judicial Review
  • Emergency Injunction

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