Judicial Reviews and Injunctions
Judicial review is a procedure by which the High Court supervises the exercise of public power. A person who feels that an exercise of such power by a government authority, such as a Home Office or a Tribunal, is unlawful, irrational or procedurally improper, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside (quashed) and possibly obtain damages. One can only go to this route if there is no alternative remedy available.
For immigration purposes, depending upon your particular circumstances, you can make an application for Judicial Review if:
- Your application for leave to remain in the United Kingdom as been refused by the Home Office and there is no right of appeal.
- You have been served with IS96 (notice to remove your the United Kingdom).
- The Home Office has cancelled or revoked your leave to remain in the United Kingdom, without a right of appeal.
- You were refused leave to enter the United Kingdom on airport, without a right of appeal.
- You are being removed from the United Kingdom.
- You immigration/asylum appeal has been dismissed by the Asylum and Immigration Tribunal and the Tribunal has refused to make an order of reconsideration in your favor (statutory review).
- The Secretary of State has refused to exercise her discretion (outside immigration rules) in your favor.
- The Home Office has refused to reconsider its earlier decision and/or refused to accept your application/representation as a “fresh claim”.
- The Home Office has refused to issue you a certificate of approval to register your marriage in the United Kingdom.
- Your visa (entry clearance) application has been refused without a right of appeal.
- The Home Office’s decision infringes your human rights.
We provide efficient and cost-effective advice and services for the persons who wish challenge any decision of the Home Office by way of Judicial Review. We enjoy excellent success rate in relation to all types Judicial Review claims.
We can also make urgent, out of office hours, applications to the High Court (Administrative Court) for an injunction to stay removal of a person from the United Kingdom. Such applications are usually heard by a Duty High Court Judge in his/her chambers.
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