Government plans to abolish judicial review

The report of the Independent Review of Administrative Law will be published this week and the Justice Secretary will on Thursday set out plans for reducing the use of judicial review in immigration cases, the Telegraph reports.

The paper says that those plans include an end to judicial reviews of the Upper Tribunal’s refusal to grant permission for an appeal to itself:

One plan would see lawyers prevented from launching judicial reviews of Upper Tribunal immigration decisions, bringing the system back in line with previous years.

A new law will be passed to overturn a 2012 Supreme Court ruling which allowed these cases to be subject to judicial review.

This would be only “the first salvo from the Government in a major crackdown on so-called ‘meritless’ immigration and asylum claims expected in coming weeks”. Previous reports have suggested that the government also wants to restrict migrants’ rights under the Modern Slavery Act 2015 and Article 3 of the European Convention on Human Rights.

The Telegraph story includes a bizarre claim that just 12 judicial review applications have succeeded since 2012. Ministry of Justice data shows that over 100 judicial review cases won outright in the Upper Tribunal (Immigration and Asylum Chamber) alone last year. Many more will have been settled to the satisfaction of the applicant, and of course judicial review is not confined to immigration cases.

Judicial review applications to the UTIAC have fallen every year since 2015/16, from 15,800 then to 5,700 last year.

Like this article? Share on

Facebook
Linkdin
Twitter
Telegram
WhatsApp

Related articles

Information about our own complaints process, raising concerns to the Legal Ombudsman and to us

We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we provided then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure here. Making a complaint will not affect how we handle your case.

The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. 

You can raise your concerns with the Solicitors Regulation Authority.

What do to if we cannot resolve your complaint

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:

  • Within six months of receiving our final response to your complaint; and,
  • Within one year of the date of the act or omission about which you are concerned; or
  • Within one year of you realising that there was a concern.

 

If you would like more information about the Legal Ombudsman, you can contact them at the following details:

 Contact details

This website uses cookies to ensure you get the best experience on our website. By closing this message, you consent to our cookies on this device in accordance with our cookie policy unless you have disabled them.