Judicial review is a process by which the Secretary of State, UKVI or other government department who has acted outside of its powers in an unfair or disproportionate way, are subject to review by the Judiciary.
This is a legal challenge of final resort and when there are no other remedies available. The process is subject to very strict requirements and deadlines and can end up being an expensive process.
We have many years experience in our team to assess your circumstances, advise on your options, assess merit to succeed and prepare an initial Pre-Action Protocol Letter (threatening to take the matter to a High Court Judge for intervention unless satisfactorily resolved). This is sometimes sufficient to get UKVI to review their decision.
However, if the Home Office fails to respond to the initial Pre-Action Protocol letter in the 14 day deadline, then we need to consider whether to go ahead and lodge a Judicial Review application with the court, subject to a merit assessment by a barrister. It is then for the Court to make a decision as to whether you will be granted permission to proceed with the Judicial Review and unless settled before hand, may lead to a hearing before a Judge.
It is important to get a specialist merit assessment from an experienced barrister as the Court has the power to order costs against the losing party and this can amount to thousands of pounds, depending on how far the matter proceeds before it is resolved.
It is highly advisable to get expert assistance if you think that you need to go down this route. Contact our team of experts who have many years of experience in dealing with complex matters of this nature.
Contact our experienced team today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.
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