Judicial Review

Jan can advise you on judicial review proceedings and the merits of a judicial review challenge against a decision by a public body which you wish to challenge. This can include decisions both by government departments (such as the Home Office/UKBA or the Foreign & Commonwealth Office (FCO)/Entry Clearance posts) as well as Appeal Tribunals.


In terms of immigration law, this may include (but is not limited to) decisions by the UKBA:

 

-       to refuse a fresh claim/fresh submissions

 

-       to refuse leave to enter/leave to remain (which do not attract a right of appeal)

 

-       to certify an asylum application or human rights claim as “clearly unfounded”

 

-       to refuse to issue a passport

 

-       other decisions that do not give rise to appeal rights

 

It can furthermore include decisions by the First or Upper Tier Tribunal such as

 

-       a decision that no valid appeal has been lodged

 

-       a refusal to grant leave to appeal out of time

 

-       a decision to grant the UKBA permission to appeal out of time against a positive

determination (by an Immigration Judge)

 

-       a decision that an appeal has been abandoned or withdrawn

 

-       a refusal of bail

 

Jan will be able to advise you whether judicial review is an option in your case, what the merits would be of such a challenge, and the costs implications so that you can make an informed decision.