Judicial Reviews In the Upper Tribunal

The department of Upper Tribunal, Immigration and Asylum Chamber (UTIAC) is authorized to take a decision on applications for judicial review of certain decisions taken by the Secretary of State for Entry Clearance officers, Home Office and others with the accordance of UK’s immigration legislation.

In addition, the UTIAC has jurisdiction to handle reviews of other decisions, in which the applicant has filed an application before the High Court, but the court has decided to transfer the matter to the UTIAC with the accordance of section 31A (3) of the Senior Courts Act 1981. The court can also transfer the review application to the department of UTIAC, where the main challenge is to assess the age of a person claiming to be a child from outside the UK.

In case of refusal of entry clearance application or application to remain in the UK by the Home Office, the applicant can challenge the decision taken by the Home Office with the application called Judicial Review. The applicant should submit the review application within 90 days of receiving the refusal letter.

However, if the Upper Tribunal refuses to give a permit to apply for Judicial Review, the applicant then can move to the Court of Appeal for filing an application before the Court of Appeal. The application should be made within 7 days of receiving the refusal letter from the Upper Tribunal.

Pre Action Protocol for Judicial Review against the Home Office

Here, the protocol comes with a number of practices and steps that should be followed by the applicant before applying for Judicial Review. The sole aim of following the pre-action protocol for Judicial Review is to avoid needless litigation.

If you have decided to file an application for Judicial Review against the decision taken by the Home Office, then you will have to send a letter to the Home Office first. The sole purpose of preparing and sending the letter will be to point out the issues that caused disputes for your application.

The Home Office will first act in response to the pre-action protocol letter within fourteen days before any action has been taken on the case. A person is eligible to file an application for Judicial Review before the Upper Tribunal if the Home Office says nothing in response to the pre-action protocol letter and maintain their stance to refuse the application. The Home Office should respond to the letter within 14 days

Paper Application to Upper Tribunal for Permission to Apply for Judicial Review

The applicant should use the T480 UTIAC Judicial Claim Form for a permit to apply for Judicial Review. If you are planning to include any issue with the accordance of Human Rights Act 1998, the claim form should include the details needed by paragraph 16 of Practice Direction Supplementing Part 16 of the Civil Procedure Rules.

 

If the applicant cannot provide the required documents, then he/she should mention the documents missing in the list of required documents. The applicant should also mention why the documents are currently missing from the list.

Renewal of an Application for Permission to Apply For Judicial Review against the Home Office

If your permission for the Judicial Review has been refused by the authorised department or your application for a permit has been granted under some certain conditions, you can request the authority to consider their decision.

You can also request an oral hearing of your case. The request should be made on Form 86B for Notice of Renewal. If granted, the court will allocate 30 minutes of official time for the oral hearing. However, there will be no need to present the defendant during the oral hearing.

Judicial Review against the Home Office Following Grant of Permission to Apply for Judicial Review

Following the approval of a permit for Judicial Review, the court may decide to go with case management directions as suggested by CPR 54.10 (1). Case management directions issued by the court may come with directions like venue as the service of the claim form along with evidence of other parties.

An individual for whom the form for the claim has been submitted and who is willing to contest the claim should apply and serve on the court within 35 days of granting permission. If an individual has performed this, he/she will have the chance to represent him/her at the hearing.

Emergency Injunction to Stop Removal from the UK

If the Home Office has come with a set of directions for the removal of a person from the United Kingdom, the person can apply for an emergency injunction at the Upper Tribunal to prevent his/her removal from the country. Here the applicant will have to prove that his/her removal from the United Kingdom is illegal and the process of removal has not been undertaken in accordance with law.

If a person is being removed from the UK outside the working hour of the court, the candidate, who is being removed, can seek an injunction from Duty Judge Upper Tribunal. The candidate can avail the injunction over the phone by convincing the Duty Judge with the explanation of how he/she is unlawfully being removed from the UK.

Why Should You Approach Sindhu Immigration Services for Your Immigration Solutions?

Here at Sindhu Immigration Services, our highly experienced immigration solicitors know how to deal with such complex cases. To get a glimpse of the quality of our services, you can go through the reviews independently written by our clients. Our immigration lawyers are ready to represent your case before the concerned department in accordance with UK’s immigration laws.

Once you have chosen our immigration solicitors to solve out your case, they will perform the following tasks for you:

  • Our lawyers will record your instruction and advise you on how you should go with the procedure in accordance with immigration law.
  • They will find out everything in details and point out the strengths and weaknesses of your case
  • Our solicitors will keep you informed about all the development of your case under the authorised department
  • Our lawyers will make you understand the consequences and implications of the decision taken by the Home Office or Upper Tribunal.

What do Sindhu Immigration Services charge for the Above Mentioned Services?

Our charges for different services are mentioned below:

  • From £300 for the free action protocol for Judicial Review against the Home Office
  • From £500 for a paper application to Upper Tribunal to get permission to apply for Judicial review
  • From £700 for renewal of an application for permission to apply for JR against the decision taken by the Home Office
  • From £1000 for application of JR again the Home Office after getting permission to apply for JR
  • From £1500 for an emergency injunction to prevent removal from the UK

The fees you have agreed to pay will depend on the density of your case and the casework associated with the process. VAT will be included with all our above-mentioned fees and we will not bear the expenses of any disbursement during the process.