Why Do I Need a Judicial Review? - If you have had a ruling relating to immigration, nationality and asylum matters which you are unhappy with you may wish to consider applying for a judicial review of the decision.
Judicial Review is a High Court procedure that can be used to challenge decisions made by public authorities, including the immigration authorities.
Judicial Review can only be used where both of the following conditions are met:-
In a judicial review case, the court may intervene in a decision if it is:-
In October 2013 the UK government produced the Immigration Bill, which became law in 14th May 2014. This Act makes a number of important changes to UK immigration law. The changes that this Act makes place much more significance on Judicial Review as the right to appeal has been reduced.
UK Migration Lawyers can provide you with first class advice on UK immigration law in light of the new Immigration Act. The way immigration law cases work will be significantly different in some situations, now immigration lawyers will have to pursue this route more regularly for their clients. This is why it is important that you get expert representation as soon as possible so that we can help you get the outcome you and your family want.
The Immigration Act removes most of the rights of appeal that was available before. Seventeen former rights of appeal will now be removed. Now there will only be four grounds of appeal, all of which fall into asylum or human rights issues.
Judicial Review is one of only two forms of recourse (the other being human rights) to those who want to remedy an unwelcome decision by the Executive. The Immigration Act removes the right to appeal against decisions made under the Immigration Rules. It also removes the ground of appeal where a decision is 'not in accordance with the law, including Immigration Rules'.
Appeals can continue on the grounds of human rights, however it even in human rights cases involving spouses and children, basic appeals against entry clearance decisions have been removed Call us now on 0121 777 7715
Judicial Review is a procedure that can help you challenge public authority decisions, for example those made by immigration authorities. If you believe that the incorrect decision was made, under the immigration bill you will still be able to bring an application for judicial review. The removal of appeal rights by the bill means that many more cases will be brought forward for judicial review.
If there are no human rights issues in your case, then your only remedy will be judicial review once the Immigration Bill comes into force.
It is vital that you have the right representation in judicial review. We can help. Our UK immigration lawyers have years of experience in this area.
From November 2013 most judicial reviews are now heard in the Immigration and Asylum Chamber of the Upper Tribunal. This seems to of had the effect of increasing the number of reviews that reach the higher courts. Call us now on 0121 777 7715
Foreign overstayers seem to benefit from the changes that the Immigration Act have made. Before, those who applied to remain on the basis of family and residence in the UK usually had no right of appeal, however, under the Immigration Act they are now be able to make a human rights claim which will prompt a human rights appeal if refused.Call us now on 0121 777 7715
For foreign criminals not much changes for them under the Immigration Act as, if you are in this position, you would normally rely on human rights as a basis for resisting your removal in any case. Notably, however, some foreign criminals may only be able to exercise appeal rights from abroad.
Although foreign criminals and overstayers may benefit from the Act, many lose out because of the loss of right to appeal. The Immigration Act has narrowed the methods of recourse and appeal, meaning that many will no longer be able use appeals, particularly as a method of suspending their removal from the UK.
If you are unsure whether you will be able to appeal your case, it is important to get legal advice as soon as you can. This is why it is more important than ever to get the right legal advice and representation you need. UK Migration Lawyers have years of invaluable experience in immigration law, we can help you get the outcome you need. Call us now on 0121 777 7715
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