KNOWLEDGE

CENTRE

How to Challenge a 'Clearly Unfounded' Immigration Decision

In This Article 1. Introduction to Home Office Certification of Immigration Claims as Clearly Unfounded 2. Legal Framework Governing Clearly Unfounded Certificates 3. What Are Your Options if Your Claim Is Certified...

The Pre-Action Protocol in Immigration Judicial Review

Embarking on the journey of challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities and procedural intricacies. Whether it’s an entry clearance, leave to remain...

High Court Considers Cart JR Ouster Clause

Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) (Rev1) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for...

Refusals on 'Not Conducive to the Public Good' Grounds

Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements....

What is the difference between Administrative Review and Judicial Review?

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 in immigration law: The basics

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...

How to challenge a visit visa refusal by Judicial Review

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...

Refusal of Entry to the UK on National Security Grounds

The case of Alo & Ors, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2380 involved a judicial review claim brought by a family of Afghan nationals against the...

Preliminary steps for immigration judicial review

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...

Immigration Judicial Review: The Process

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...

Should Defective Court Orders Be Followed?

The Supreme Court answered with a resounding yes, in R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department [2021] UKSC 46. Facts Of The Case The case involved...

A v. SSHD: Supreme Court decides the standards for judicial review of public policies

On 30 July 2021, the Supreme Court, of the same constitution, handed down two important decisions: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 and R (on the application...