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LOCATION: Home » Immigrations Appeal » Judicial Review

KNOWLEDGE
CENTRE

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 - Pupil 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...

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...

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...

BF (Eritrea): Challenging the lawfulness of the Secretary of State’s policy guidance
By Alex Papasotiriou - Immigration Barrister

In a judgment given on 30 July 2021 in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38, the Supreme Court assessed the lawfulness of policy guidance issued by the...

 Secretary of State for the Home Department in relation to the age assessment of asylum seekers. This was with reference to the principles set out in a judgment given on the same day, in R (A) v Secretary...

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 Richmond Chambers -

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...
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