If a Person Wins in a Judicial Review the Matter Goes Back to the Agency

A judicial review is a legal claiming to the way a decision has been made in your asylum, clearing or man rights awarding. That will usually be a decision made past the Dwelling Part. Information technology could as well be a decision made by a court.

A judicial review tin challenge the way a decision has been made, if y'all believe it was illegal, irrational or unfair. It is not really nearly whether the decision was "right", only whether the constabulary has been correctly applied and the right procedures have been followed.

A judicial review is dissimilar from an appeal. If y'all want to challenge a determination fabricated by the Home Office because you think they made the wrong determination – for case, they did not believe your asylum claim or your prove in your family unit life application; or they said you lot do non meet certain criteria – it may be that yous are wanting to entreatment that decision.

If you lot are challenging a Home Function determination, come across the Appeals page of this guide.

If you are challening a Starting time-tier Tribunal decision, run across the Upper Tribunal page of this guide.

If y'all want to challenge how a decision was fabricated, or challenge a determination that you do not have the right to entreatment, you may want to consider a judicial review.

Read this folio to find out about situations where a judicial review may be needed, and if it is your best option. Read this page to learn almost the judicial review process, inlcuding the pre-action stage and the permission phase. Detect out well-nigh the judicial review hearing if you are granted permission to proceed, and what happens subsequently a hearing. You can besides use this page to notice out if you lot can be removed/deported from the Great britain if you accept a judicial review ongoing.

If you lot want to know about an urgent judicial review (an "injunction"), meet the section at the lesser of the page.

Almost judicial reviews in asylum and immigration cases in England and Wales are heard in the Upper Tribunal. In Scotland, judicial reviews are heard in the Outer House of the Court of Session. In Northern Ireland, they are heard at the High Courtroom in Belfast. Run across the Aviary and Clearing Courts page of this guide for more data.

Reasons you may consider a judicial review

• If you lot have been told your asylum claim will be transferred to another European country nether the inadmissibility rules, and you wish to challenge this decision
• If your aviary or man rights merits has been certified by the Dwelling Office, pregnant yous have no right of appeal within the UK
• If your farther submissions have been rejected as non a fresh claim, with no right of appeal
• If you have been detained unlawfully
• If yous take been refused permission to appeal at the Upper Tribunal and you however believe you tin demonstrate an fault of law has occurred in deciding your application
• To try and challenge an imminent removal. This is called applying for interim relief, also called an "injunction". See section at the lesser of the page.
• Your immigration application has been refused, you have no right of appeal and an authoritative review has not resolved the matter satisfactorily.

Is a judicial review your best choice?

Judicial reviews are very complicated and you should always seek legal advice where possible on applying for a judicial review.

If you are unable to get legal aid for a judicial review – run into section below – it is possible to represent yourself just this tin can exist very difficult and in that location are risks in representing yourself in a judicial review. You will have to pay the fees yourself (meet below) and if you lot lose, you are liable for the costs of the proceedings. A bad judgment may also be very unhelpful for your case, and for others.

Although it is unusual for people who are unsuccessful in a judicial review to have to pay their costs, you will still exist considered as having a "litigation debt" which means the Domicile Office can refuse time to come immigration applications that you make.

It may seem like a judicial review is your simply legal option, peculiarly if you have no right of appeal or if your removal or displacement is imminent. This does non necessarily mean information technology's the correct matter to do.

Recollect carefully near whether a judicial review is the best way to spend your time, energy and maybe coin. A individual lawyer may charge yous a great deal of money for a judicial review, even if there is piddling promise it will help your situation.

Sometimes people see judicial reviews as a way of slowing down the process of removal or deportation. This is understandable when the asylum and immigration system can motility and so fast, denying you lot access to justice. A poor application for a judicial review, yet, may just speed upwards the process because a judge may order that any farther applications are no bar to your removal or displacement.

Look carefully at your example and the legal process and decide if a judicial review is the right pick for you, or if in that location are better means of using your resources.

ACTION Section

• Accept all aspects of your reasons to remain in the United kingdom of great britain and northern ireland been considered?
• Have you exercised all your appeal rights?
• Can you find new testify for further submissions to be considered equally a fresh claim?
• Could you work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
• Have yous talked to your MP about assisting in your case? Read more here.

Paying for legal representation

It is difficult to go legal aid – gratuitous legal communication and representation – for a judicial review.

If yous have had an appeal hearing or conclusion on the same, or substantially the same, issue inside 12 months and you lost the entreatment, legal assistance for a judicial review will not be available.

The government has brought in measures in England and Wales that mean, in full general, legal assist lawyers merely get funding for working on a judicial review if permission to go along with that judicial review is granted. The Legal Assist Agency can allow legal assistance for work washed before permission is granted for a judicial review, merely this is very difficult to get.

This means that legal aid lawyers taking on a judicial review are taking a risk, and are only likely to do this if they feel you accept a strong case. The lawyer tin can receive the legal aid funding for the piece of work done pre-permission stage if permission is subsequently granted, merely if permission is refused that work will remain unpaid.

If your case would not qualify for legal assist nether the current rules, you may be able to utilize for exceptional legal aid funding, if yous can bear witness that your human being rights would be breached if you practise not take legal aid.

If your case would not qualify for legal help under the current rules, you may exist able to apply for exceptional legal aid funding, if you tin can testify that your human being rights or European Union rights would be breached if y'all do non have legal aid.

Because of these restrictions, well-nigh people making a judicial review pay for the procedure themselves.

If you are using a private lawyer, an initial judicial review claim could price at least £1000-£2000, and will exist much more if the instance proceeds to a full hearing. Yous may wish to consider a fixed fee arrangement with the lawyer so the costs won't spiral out of control. Some lawyers as well use Conditional Fee Agreements, otherwise known as "No Win No Fee" agreements.

Pre-activeness stage

If you intend to apply for a judicial review, yous should write to the Home Office informing them of this, giving them a hazard to withdraw their determination or correct an fault without having to get to the point of a judicial review. This is called the "pre-action" stage. The letter of the alphabet y'all write to the Home Office is chosen a "pre-action letter" or "alphabetic character before claim".

If yous have a lawyer, they should write the pre-action letter for you. They will then usually "instruct" a barrister to correspond you if the judicial review gets to a permission hearing, and so at the full hearing if permission is granted.

The pre-action stage does not bear on the 3-month time limit for applying for a judicial review.

You lot can employ the guidance on the "Pre-Action Protocol for Judicial Review" on the Ministry building of Justice website for details of what should exist included in the letter.

See also a template pre-activeness letter with suggested format (a pre-action "form" to fill up in) hither. The template alphabetic character includes the electronic mail address and postal address to transport the letter to.

In the letter of the alphabet, you should:

• explicate in detail how you think the Domicile Part has acted unfairly, irrationally or unlawfully
• say what you want the Dwelling Office to do to put this right, and when you would like them to do it by
• ask for a response within a time limit, which is usually 14 days.

Yous are unlikely to receive any response to this letter inside the time limit, or if you lot do it is unlikely to be satisfactory. However, it's nonetheless an important phase of the process, and may be used against you if you neglect to do it. If y'all exercise not receive a response with the time limit, or the response is not satisfactory, and you want to continue to use for a judicial review, you tin motility on to the permission stage.

Fourth dimension limits

An application for judicial review should be made as soon every bit is reasonably possible, and no later than three months after the conclusion that y'all are trying to challenge was made. In aviary and immigration cases, this decision will usually be the one made by the Habitation Function.

If y'all are judicially reviewing an Upper Tribunal decision to refuse permission to appeal a First-tier Tribunal decision (known as a "cart judicial review"), the time limit for applying in England is just xvi days.

Fees

If you lot are non applying for a judicial review through a legal assist lawyer, you have to pay the fees for the judicial review application. It's of import to know how much the process may price. In addition to these fees, yous may as well be paying for a private lawyer to represent y'all (see section above).

The fee, at the fourth dimension of writing, is £154 to apply for permission for a judicial review.

If yous are refused permission, and you lot apply for reconsideration at a hearing of the decision on permission (see beneath), the fee is £350.

If you are granted permission, the fee for proceeding with the judicial review is £700.

For up-to-date data on fees and forms for applying for judicial review, become to the judicial review website.

If you do not have any or much income, you tin utilise for a reduction in the fees. See the awarding forms and guidance here.

Permission phase

To accept a judicial review hearing, you must apply for permission showtime. The process described here for applying for permission is for judicial reviews in England and Wales only. Read more about judicial reviews in Northern Ireland here.

When applying for permission, yous demand to use the "judicial review claim" form.

You should ever check you are using the right form and paying the correct fee. Check the Upper Tribunal website for the latest information.

At the time of writing, if you are applying for a judicial review that would generally be heard at the Upper Tribunal, you need to use form T480.

Some judicial reviews are still heard in the Administrative Courtroom. These include challenges to unlawful detention and challenges to decisions fabricated by the Upper Tribunal. If this applies to y'all, you need to utilise a different course and apply for permission to the Loftier Court. You can notice the awarding class and guidance here and more data on applying for judicial review at the High Court hither.

Remedy: what practise you lot want the courtroom to practice?

When completing the application for permission for judicial review (the judicial review merits form), you need to say what remedy yous are seeking in applying for a judicial review.

This needs to be one of the following:

• a mandatory gild: this makes a public body do something the police force says it has to practice
• a prohibiting order: this stops a public body from taking an unlawful conclusion or action it has not yet taken
• a quashing order: an club which overturns or undoes a determination already made.
• an injunction: a temporary guild requiring a public body to do something, or not do something, while waiting for a decision to be made in your example.

In immigration judicial reviews, it is virtually probable you are seeking a quashing order or an injunction.

A remedy of a quashing guild might be to disengage a negative Habitation Office determination. A quashing club might mean the Home Office has to remake a decision on, for example, your clearing awarding. Alternatively, a quashing order might mean the Habitation Office has to remake a decision nearly whether yous have the right to appeal. For example, they may uphold their decision that your further submissions fail to show you need refugee status, only remake the determination near whether you lot take a correct of appeal of that determination.

An injunction is the remedy you will be seeking to stop the Home Office removing yous from the UK – come across beneath.

Questions in the class

• Who is the bidder? You are the applicant.
• If you are challenging a decision made past the Home Office, the respondent is the Habitation Office. The course asks you to give the respondent'southward proper noun and address. If it is the Home Office, the address is: Litigation Resource allotment Unit, vi New Square, Bedfont Lakes, Feltham, TW14 8HA. At the fourth dimension of writing, because of the Covid state of affairs, you can email the Dwelling house Function to "serve" your judicial review on them at UKVIJudicialReview@homeoffice.gov.britain
• The applicant'southward "counsel" details. This means your barrister. If y'all have a barrister, you should not need to be filling out this form as your legal representative should be completing it for y'all!
• "Is this application being made under the terms of Part 5 of the Senior President of Tribunals' Practice Directions entitled 'Immigration Judicial Review in the Immigration and Asylum Chamber of the Upper Tribunal'?" This refers to judicial reviews challenging forced removal, either a removal the Home Part has said they intend to deport out or a removal they have already carried out.
• "Is the applicant in receipt of a Civil Legal Aid certificate?" This refers to whether you take legal help funding for your judicial review. If the answer to this is "yes", your legal representative who is being funded by legal aid should exist filling in this course.
• "Are you claiming exceptional urgency, or do you need this application determined within a certain time scale?" This might be if you are applying for an injunction to stop a removal, in which case you will likewise need to make full out an Urgent Consideration grade equally well (see beneath).
• "Have you complied with the pre-action protocol?" Run across Pre-Action Phase, above.
• "Does this application challenge a Home Office Administrative Review decision?" Read more about Administrative Reviews here.
• "Does the claim include any issues arising from the Human Rights Act 1998?" The almost mutual human rights issues that are relevant to asylum/clearing applications are Article 3 and Article viii. Read more than hither. Read about other human rights grounds that may be relevant to you here.
• Statement of grounds: this is where y'all set out the legal basis for requiring a judicial review. Call back, you are not just saying y'all disagree with the Habitation Function's determination. A judicial review will consider whether the decision was unlawful, unfair, irrational or disproportionate. Read more in the Public Law Project's leaflet.
• Remedy – see above
• Statement of facts: the guidance notes state "the facts on which you are basing your claim should be prepare out in this section of the form, or in a separate document attached to the form. It should contain a numbered list of the points that you lot intend to rely on at the hearing. Refer at each point to whatsoever documents [including a folio number] y'all are filing in support of your merits".

Submitting your permission awarding

The Upper Tribunal website provides information nearly how to submit your awarding and relevant document. Click on the link on this page that says "Please read before completing the merits form below" and see the first section of the information well-nigh non-urgent judicial reviews.

When yous lodge your application for permission, yous must also file 2 copies of the documents you wish to rely on.

These should be put together in a file, chosen a bundle. You should number each folio, and include an index.

Once you accept submitted your application course with the Upper Tribunal, you must notify the Home Part and send them a re-create of the awarding, including the example reference number and any accompanying documents. This is called "serving" the Home Office with your judicial review. At the time of writing, because of the Covid situation, you can email the Abode Role to "serve" your judicial review on them at UKVIJudicialReview@homeoffice.gov.uk

Yous must provide the Upper Tribunal with a written statement of when and how a copy of your "package (your application and relevant documents) was shared with the Home Office WITHIN ix DAYS of making the application. To do this, you lot fill in course T485 which yous can detect here. If y'all don't exercise this, the awarding volition be automatically cancelled.

Permission decision

A judge will usually look at the application and other documents you accept made in your permission awarding and use those to decide whether to grant you permission to go on or not with the judicial review.

Nigh decisions are made within around 3 to four months, unless you are applying for an urgent injunction.

If permission is refused

Around xc% of permission applications are refused. This determination is commonly made "on the papers", pregnant a guess makes a determination based on the application documents rather than through a hearing.

If your application for permission is refused on the papers yous may be able to utilize to "renew" the decision. This means you are asking the court to reconsider the decision – in an oral hearing rather than on the papers – to not grant you permission for a judicial review of your instance. Around twenty% of cases that have an oral renewal hearing are granted permission to continue.

If permission is refused on the papers and the case is deemed as "totally without merit", y'all do not have the correct to apply to renew the determination. It is possible to apply to the Courtroom of Appeal to challenge your case beingness categorised as totally without merit – but this is very difficult to do without a lawyer, and you will need to remember very carefully if this is the best utilize of coin if yous are going to pay for a lawyer.

Yous should receive information nigh the procedure for asking for renewal with the written refusal of permission.

If permission is granted

If you are granted permission to go along with the judicial review, the Home Office may "concede" and concur to settle the case out of court.

A "consent order" will fix out what the agreement is. In these circumstances, you lot will not continue to a full hearing and the Home Office will usually offer to withdraw their conclusion and brand a new determination within three months (though they do non ever make a new decision within this timeframe).

ACTION SECTION

If you applied for permission without a lawyer and have been granted permission, you at present stand up a better chance of a legal help lawyer taking on your case. Go back to your previous lawyer, or try to find a new lawyer. If they take on your case, they volition instruct a barrister to represent you in the hearing.

If y'all cannot find a legal assist lawyer to represent you, you lot may be able to find a lawyer to have on your example pro bono.

The rest of this section assumes y'all do not have a lawyer to correspond you.

If you lot are granted permission and are proceeding to the full hearing, volition receive data about what else you need to submit in accelerate of the hearing, and payment of the fee for proceeding with the judicial review.

Remember: if you alter address, you must inform the Tribunal/courtroom. Otherwise they may send vital data to the wrong accost.

If you want to rely on additional grounds during your judicial review hearing, you need to give written notice to the Tribunal and the Home Office no later than 7 clear days before the appointment of the hearing.

You also demand to serve a skeleton argument on the Tribunal and the Home Role, no subsequently than 21 working days earlier the hearing. Your skeleton argument should include a list of the legal points you wish to raise and whatever relevant authorities with page references to the passages relied on; a chronology of events in your legal case with page references to the bundle of documents; and a listing of essential documents (if different from those submitted with the application) to be read in advance by the Tribunal.

You also demand to serve a parcel of all the relevant documents upon the Tribunal and the Abode Function. Serving the packet means officially submitting/sending it. Go on proof of how and when this was done. The documents should include all those referred to in your skeleton argument. These might include witness statements, any "written submissions" you take prepared and whatsoever relevant letters or emails from the Tribunal or from the Domicile Office.

The hearing

If permission is granted, a substantive hearing will take place where a gauge will consider the claim in detail.

The hearing may not be for several months from when you showtime practical for a judicial review, although this will depend on the urgency of the instance.

You lot need to take your bundle of documents with you. The Tribunal will have asked you to send them a copy of the bundle in advance of your hearing engagement, which yous must do, merely you may want to bring several spare copies of all your documents with you lot, and then that you tin give them to the judge or the Home Part in case they haven't got them.

The evidence in your bundle should exist about how the decision made in your case was illegal, irrational or unlawful. In full general, the estimate will not consider new evidence nearly your noun case. This is considering the estimate will be looking at whether the Domicile Office made the right decision based on the prove they had in front end of them at the time.

If you have a lawyer representing you, yous volition non speak during the hearing (unless you have permission to do and so from the estimate). This is unlike than during an appeal hearing, in which y'all are expected to speak.

If you are representing yourself, without a lawyer, yous are known as a "litigant in person".

To notice out more than well-nigh preparing for the hearing, read the Bar Council'southward Guide to Representing Yourself in Court and the guidance for "litigants in person" from the Judiciary of England and Wales hither.

At the finish of the hearing the estimate can give a determination on the day, but that is unusual. The gauge unremarkably "reserves" the judgment, which ways you will be notified of the decision in writing at a later date.

Outcomes

In a judicial review, the court volition non substitute what it thinks is the "correct" decision.

Read below to discover out what happens if you are successful in your judicial review, and what y'all tin can do if you lot are unsuccessful.

Successful judicial review

If you win your judicial review hearing, the court will not substitute what it thinks is the "correct" decision. The case will normally become dorsum to the Dwelling house Office, or the court found to have made an mistake of police force.

The Habitation Office or court may exist able to make the same decision once again, but this time make the decision following the proper procedure or because all relevant instance law or bear witness reasonably.

If you are applying for emergency relief to stop a removal (see beneath) and are successful, the court will issue an injunction to forestall that removal from taking place for a certain menses of time.

If y'all argued that yous needed time to go on with certain aspects of the legal procedure, you will need to proceed with those.

If y'all argued you lot should not be removed while important other cases that have relevance to your case were waiting to be heard, you should not be removed until that case/those cases are decided. Be aware that the Domicile Office may move very swiftly to remove you if that case is decided in a way that is unhelpful for your case.

Unsuccessful judicial review

If y'all are not successful in a judicial review, it is possible to ask permission to appeal the decision at the Court of Appeal.

This is very difficult to do without legal representation.

Can yous be removed/deported while making a judicial review?

Submitting an application for a judicial review is non enough to prevent a removal/displacement.

In some cases, judicial review proceedings – if permission to proceed with a judicial review is granted – against the removal/deportation will mean that the Home Office will defer the removal/displacement.

There are, nonetheless, several exceptions to this.

The Home Role will not defer removal if:

• there has been less than 6 months since a previous judicial review or appeal has been concluded on the same or similar issues, or a judicial review or appeal on the same evidence even if the legal basis of the challenge is different
• OR there has been less than vi months since a previous judicial review or appeal has been concluded and the issues being raised could reasonably take been raised at that previous judicial review/entreatment
• OR if the judicial review proceedings are brought during the three-month removal window (see Removal department). During the removal window period, an injunction will be required to stop removal. Note – at the fourth dimension of writing, the removal window policy was suspended. Read more hither.
• OR if you are due to be removed on a lease flying and bring judicial review proceedings against the removal. An injunction volition be needed to stop the removal.

Urgent judicial review: an injunction

If you take been informed by the Home Role that you are liable to removal/deportation, you may be able to apply for an urgent judicial review to try and secure an injunction to prevent that removal/deportation.

An injunction is an emergency, interim measure.

In applying for an injunction, yous are asking a judge to result an injunction after looking at the papers of your urgent application. You would be request for an injunction to allow time for a full judicial review hearing or other decision-making process to take place. Asking simply for an injunction to finish a flying, without making clear that at that place is some legal avenue to pursue, is unlikely to be successful.

For instance, it may be argued that the refusal of a fresh claim by the Abode Office was unreasonable and an error of law, and that removal should be stayed while a judicial review decides if the Abode Office must reconsider the fresh claim.

Making the application

To apply for the emergency measure of an injunction, you need to complete the form for permission for a judicial review, unless a judicial review has already been lodged. Meet in a higher place for information on this form.

You also need to complete an "Application for urgent consideration class". Yous can find the form here.

Yous need to explain why the application is urgent, and how rapidly you require the application to be considered. This is likely to be before the end of your removal notice period.

You also need to state the engagement by which you wish the substantive hearing to take place.

You must include a draft order with your application. The draft order is what yous are suggesting the judge should guild. For example, you may ask that the judge orders that y'all are not removed on a certain date or within a sure period of fourth dimension.

You must also explain the grounds on which the injunction should be granted. Remember that an injunction is function of a judicial review, and then the grounds for the injunction should reflect this. Would your removal be the result of an illegal, unfair or irrational/asymmetric decision?

You should include the notice of being liable to removal or displacement, recent relevant Domicile Office refusals or appeal dismissals, and other relevant testify to back up the application.

The Upper Tribunal website provides information nigh how to submit your application for urgent consideration and draft social club. Click on the link on this page that says "Please read earlier completing the claim form below" and go to second section of the information about judicial reviews requiring urgent or immediate consideration. The procedure for submitting is different if you lot are in detention – data is provided in the guidance.

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Source: https://righttoremain.org.uk/toolkit/jr/

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