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LOCATION: Home » Immigrations Appeal » Judicial Review

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How to Challenge a 'Clearly Unfounded' Immigration Decision
By Alexander Ferguson - Legal Associate

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...

 as Clearly Unfounded? 4. Judicial Review of Clearly Unfounded Certificates 5. Time Limit for Judicial Review 6. The Pre-Action Protocol 7. Applying for Permission and the Substantive Hearing 8. Effect of...

The Pre-Action Protocol in Immigration Judicial Review
By Isabella Reynard - Immigration Barrister

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...

 or settlement decision affecting your rights, understanding the pathway to justice is paramount. At the heart of this process lies the Pre-Action Protocol, a set of guidelines designed to ensure fair and...

High Court Considers Cart JR Ouster Clause
By Alex Papasotiriou - Immigration Barrister

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...

 judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July...

Refusals on 'Not Conducive to the Public Good' Grounds
By Isabella Reynard - Immigration Barrister

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....

 This applies to applications for entry clearance, permission to enter and permission to stay.  Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an...

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...

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...

How to challenge a visit visa refusal by Judicial Review
By Richmond Chambers -

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...

Refusal of Entry to the UK on National Security Grounds
By Alex Papasotiriou - Immigration Barrister

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...

 Secretary of State for the Home Department’s decisions to refuse their applications for entry clearance under the Immigration Rules. In a rolled-up hearing, Swift J granted the Claimants permission to apply for...

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...

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...

Should Defective Court Orders Be Followed?
By Alex Papasotiriou - Immigration Barrister

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...

 an application for judicial review of the Secretary of State’s decisions to refuse to vary the restrictions she imposed on the appellant on 30 July 2015, shortly after he was granted bail by the First-tier...

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

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...

 of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 (covered in detail in a blog post by my colleague, Alex Papasotiriou).   In both, it was affirmed that when judicially...
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