An application for Judicial Review is not a merits appeal. Rather it is an application for one of the Orders or other remedies set out in the Senior Courts Act 1981.
When you exhaust your appeal rights or you do not have a right of appeal a Judicial Review may be lodged. If successful, a Judicial Review may result in the following Orders:
- A Quashing Order which quashes (annuls) the decision challenged
- A Mandatory Order which orders the Defendant (Home Office Treasury Solicitors) to take a particular action
- A Prohibiting Order which prevents a particular step being taken
- A Declaration that a state of affairs is unlawful, or that a person possesses a particular status
- An Injunction against an action being taken
The Secretary of State must file an acknowledgement of service and, if he wishes to take part in the judicial review, set out a summary of his grounds for defense, within 21 days after being served with the claim form. The acknowledgement and summary grounds must be served on the claimant and any other interested party within 7 days of being filed at court.
If the defendant does not file acknowledgement of service, he may not take part in a permission hearing without the agreement of the court. However, if permission to proceed is granted and the defendant files detailed grounds contesting the claim, he may take part in the hearing of the judicial review. But note that the court may take the defendant’s failure to file an acknowledgement of service into account when deciding what order to make about costs.
Where the court, without a hearing, refuses permission, it must serve a copy of the Order with reasons. The claimant may then within 7 days request reconsideration at an oral hearing and both sides will be given at least 2 days’ notice of the hearing date. If permission is granted at an oral hearing, again the court must serve its reasons with the Order notifying the claimant of the outcome. Neither the defendant nor any other person served with the claim form may apply to set aside an order giving permission to proceed.
Where permission has been granted, the defendant must within 35 days after service of the order giving permission submit detailed grounds contesting the claim with any written evidence. The court’s permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed. The court may decide the claim without a hearing if all parties agree.
Judicial Review is quite a complex matter often relying upon various legislations and case-law, therefore a counsel with a higher right of audience will have to be instructed in order to represent a claimant before the relevant court.
The above options are not exhaustive as we treat every client's case individually. Please do not hesitate to book a phone, Skype or office consultation with us for a professional immigration advice and possible further representation before the UK Border Agency or the First Tier or Upper Tier Tribunal (Immigration and Asylum Chamber) (FTT/UTT IAC).
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