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LOCATION: Home » Appeals & JR » Judicial Review

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Proposed Judicial Review Reform and Immigration Law
By Alex Papasotiriou - Immigration Barrister

In July 2020, the Government launched the Independent Review of Administrative Law (“IRAL”), a panel of experts with the task of considering “whether the right balance is being struck between the...

 rights of citizens to challenge executive decisions and the need for effective and efficient government.” The Government’s pre-existing view on this matter is not difficult to deduce given the contents of its...

Costs in Immigration Judicial Review Proceedings
By Jasmine Theilgaard - Immigration Barrister

As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review.  An...

 important consideration when deciding whether to pursue immigration judicial review is the potential cost implications. The general rule is that the unsuccessful party will pay the costs of the successful...

Immigration Judicial Review: The Process
By Georgina Griggs - Immigration Barrister

Please note that this is the final blog in a three-part series. You may wish to refer to the first blog, Judicial review: The basics and Preliminary steps for immigration judicial review  before reading...

 this. Final checks before lodging a judicial review As discussed in the previous blog, judicial review is a remedy of last resort. Therefore, all other avenues of relief must haves been explored and...

Home Office Exercise of Discretion and Technical Errors
By Zoe Bantleman - Immigration Barrister

Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702,...

 it has been good law that “There is an obligation to consider such a grant [outside of the Rules] when expressly asked to do so and, if but briefly, deal with any material relied upon by an applicant...

Dishonesty and deception in immigration cases
By Richmond Chambers -

Paragraph 322 (1A)  of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted...

 (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents...

Preliminary steps for immigration judicial review
By Georgina Griggs - Immigration Barrister

Please note that this blog is a part of a series on immigration judicial review. You may wish to refer to the first blog, Judicial review: The basics before reading this. Have all other avenues prior to immigration...

 judicial review been exhausted? As discussed in the previous blog, immigration judicial review is a remedy of last resort. Therefore, all other avenues of appeal or other alternative remedies, such as...

What is the difference between Administrative Review and Judicial Review?
By Richmond Chambers -

The legal right to appeal in various immigration cases has been persistently peeled away in recent years. This has seen an increase in immigration cases going through the processes of Administrative Review and...

 Judicial Review. The Administrative Review and Judicial Review processes exist in order to ensure that errors committed on cases by public bodies, such as the Home Office  can be exposed and a solution...

Deportation - Part 2: Appeals and Judicial Review
By Richmond Chambers -

In the first entry in this series of blogs, we clarified what deportation is, how deportation procedures can be engaged, and what the Secretary of State (via the Home Office) can do to enforce their decision to...

 deport an individual. In this entry, we will be taking a closer look at what that individual (of EEA or non-EEA origin) can do to challenge such a decision. Deportation – Pre-Appeal It is important to...

Judicial review in immigration law: The basics
By Georgina Griggs - Immigration Barrister

Please note that this blog is part of series of blogs on judicial review in the context of immigration law What is Judicial review? Judicial review is the review of public authority decisions by the court. It...

 enables such decisions to be challenged on the grounds of illegality, irrationality and unfairness. Judges will determine whether the way a decision was made was procedurally and legally correct, and not...

Latest on TOEIC/ETS cases - Court of Appeal case of Khan
By Richmond Chambers -

Those familiar with TOEIC/ETS deception cases will be aware that these cases have led to a considerable amount of litigation. The latest Court of Appeal case of Khan & Ors v Secretary of State for the Home Department...

 [2018] EWCA Civ 1684 follows from the relatively recent Court of Appeal case of Ahsan v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009. In Ahsan, it was held that an...

Section 3C leave & Judicial review - Has it come to an end or not?
By Alex Papasotiriou - Immigration Barrister

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department...

 mentions on four occasions that “section 3C leave can exist only where it is a seamless continuation of leave, either extant leave or section 3C leave.” This is mentioned in the context of out of...

How to challenge a visit visa refusal by Judicial Review
By Zarina Rahman - Immigration Barrister

The largest category of entry clearance visas granted are visit visas issued to those who want to visit the UK. We are receiving an increasing number of enquiries from those who have been refused a visit visa and...

 want advice on how to challenge this. There are few mandatory documents required as part of the application and broad discretion afforded to entry clearance officers (‘ECOs’). This means that visit...
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