The talk of this week’s press is Judicial Review. Women across the country took to express their support with a landmark case that was heard at the High Court on Wednesday (5 June 2019). Women in their 50s and 60 have been protesting to show their support of a case to overturn rules that have raised the women’s pension age by as much as six years. The Judicial Review, which was sought by the campaign group BackTo60, shall decide if the increase – from 60 years to 66 – has been done fairly.
What is Judicial Review?
Judicial Review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. However, a Judicial Review can only challenge the way a decision has been made (whether the right procedure was followed), not whether the decision was “right”. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a procedurally and legally correct way.
Judicial Review of immigration decisions in the UK
Since the Home Office is a public body, an immigration decision may also be eligible for Judicial Review if it was illegal, irrational, or unfair and you have exercised all your appeal rights. Since the Immigration Act 2014, appeal rights against Home Office immigration decisions have been radically reduced. This has led to an increase and significance of Judicial Review proceedings in the immigration context in the past few years.
When is the right time to consider initiating Judicial Review proceedings?
- Your immigration application has been refused and you have no right of appeal on human rights grounds;
- If you have been refused permission to appeal at the Upper Tribunal;
- If your further submissions have been rejected as not a fresh claim, with no right of appeal;
- If you have been told your asylum claim will be transferred to another European country under the Dublin regulations, and you wish to argue your human rights will be breached in that country;
- If your asylum claim has been certified (no right of appeal within the UK);
- If you have been detained unlawfully; or,
- To try and challenge an imminent removal.
If, however you want to argue that a Home Office decision was incorrect, Judicial Review may not be your best option and you should seek alternative remedies, such as appealing against the decision to a higher court.
How long do I have to bring a claim?
A Judicial Review claim must be filed/lodged as soon as possible and, in any event, within 3 months of the decision that is being challenged.
Judicial Reviews are very complicated, and time is always crucial. If you need legal advice on this or any immigration matter, please get in touch with us today on 0203 146 3549 / e:mail: [email protected].
All our articles are intended for informational purposes only and do not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information provided.