Introduction to Judicial Review

Introduction to Judicial Review

Judicial review is a request for a review of the decision of a public body or in the case of immigration it will be a request against the decision of the UKVI/ Home Office. Judicial Review provides the means by which the UK courts control the exercise of powers of public bodies such as Government, Government departments, Local Authorities, Tribunals, State and semi-State organisations. It is the last remedy to an applicant and is used where there is no alternative remedy available and used as a last resort.

Example

  • Home Office, Passport Office, Foreign Office, Local Borough Councils. British Government itself are among those bodies whose exercise of powers are controlled by the Courts through Judicial review
  • Michael’s application for further leave to remain was refused by Home Office, his appeal was also refused as he has no other remedy available he is allowed to seek permission to apply for Judicial Review

Purpose

The purpose of Judicial Review is to ensure that the Government and its’ bodies must exercise their powers in a lawful manner and only exercise powers given to them and must not go beyond the powers given to them and the decision maker must follow the rules of fairness, justice and reasonableness. Importantly Judicial Review is concerned with the legality of the decision made and not with the merits of the decision.

Appeal OR Review

Judicial Review is not an appeal from a decision, but it is a review of the manner in which a public body has made its’ decision

Human Rights

Any breach of human rights on the part of a public body will be subject to Judicial Review.

Stages in JR

For a successful claim under Judicial Review, a person has to pass two stages. A person has to pass stage 1 first and get permission first to lodge a Judicial Review and only then can proceed to stage 2

Stage 1 (Procedural Hurdles)

 Stage 2 (Grounds of JR)

JR must be Against a Public Body

Illegality / Ultra Vires Decision

Person must have Sufficient Interest

Irrationality

Matter/Issue must be of Public Law

Procedural Impropriety

Time Limit

 

 Non-availability of Alternative Remedies

 

Example

  • Abdul has received a decision from Home office and his Visa is refused, in order for Abdul to pursue a Judicial Review against the decision of Home Office Abdul has to first pass all procedural hurdles in stage one and then he must have a valid ground/grounds (among the three grounds) to lodge a Judicial Review.
  • Shelly’s daughter has been refused admission to the nearest Junior school where she lives by her local council. In order to Lodge a Judicial Review, she has to pass all hurdles in Stage 1 and she must also have valid ground/grounds in stage 2

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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