Judicial Review (Immigration)
We provide a wide range of comprehensive legal services
We have a very good track record in handling immigration judicial review cases. Over 90% of our judicial review cases become successful. Most of our claims get resolved at the pre-action protocol stage or at the paper permission stage. This is because we do not encourage our clients to pursue groundless cases and waste their money on something which is never going to work.
That being said, we do take on challenging cases and we have commendable success rate in difficult cases with low chance of success. In fact, if you are looking for a good solicitors’ firm to handle a challenging judicial review case, e.g. on TOEIC issue, Tier 1 (HSMP) tax discrepancy, Tier 1 (Entrepreneur) refusals on genuineness grounds, Tier 2 sponsorship license refusal, judicial reviews against universities – you can think of us. We thrive under challenges.
In most cases our in-house team prepares the grounds for judicial review, whereas many immigration law firms engage counsels for drafting grounds. This says a great deal about the quality possessed by our judicial review team. Our success rate confirms the quality and effectiveness of the grounds prepared by us.
You may also consider of instructing us if you are looking to engage a counsel for your case. This is because we work with some of the leading and most effective counsels in the immigration judicial review sector.
Initial assessment and advice
We carry out initial assessments on every cases and based on those assessments we advise our clients, focusing entirely on the effectiveness of the judicial review to our clients rather than our personal interest or income. Virtually in every cases we have been accurate in our assessments and predictions. So why don’t you book a consultation session with us even if you are not considering of engaging us in your judicial review claim?
We offer upto 20-minutes’ free consultation session. You can book an hour long consultation session with us for £100 plus VAT. Click here to book a consultation with us.
Our fees and other costs
For judicial review cases we usually charge on hourly basis. Please see our Fees section for details on this. We can also work on fixed fee and conditional fee agreement (CFA) or no win no fee basis.
See below for details on court fees.
Types of judicial review cases handled by us
We deal with all sorts of immigration and asylum judicial review cases. These include:
- Visit visa refusals
- Student visa refusals – including Tier 4
- Tier 1 (HSMP) – including tax discrepancy cases
- Tier (Entrepreneur) – including refusals on genuineness
- False representation/ false documents
- Refusals under paragraphs 320-322 of the Immigration Rules – general grounds for refusals, refusals on characters or conduct, refusals based on criminal convictions, breach of immigration rules
- Delay – e.g. if the Home Office has not decided your case for a long time
- Certification of human rights claims – e.g. long residence, 7-years children, insurmountable obstacles, private and family lives under Article 8 of ECHR, Article 3 protection claims, discretionary leaves
- Curtailment decisions
- Detention and removal – including urgent injunction applications
- Asylum support
- Judicial review against Immigration Tribunal decisions – when you lose an immigration appeal (Cart JR)
Judicial review stages (excluding Cart JR):
1. Letter before claim or pre-action protocol stage
The Home Office or Respondent is given 14 days to respond. In most of our cases the Home Office/ Respondent concede or agree to provide the remedy sought.
2. Paper permission stage
This is when the judicial review claim is lodged. As part of this we prepare grounds for judicial review, supporting witness statements and documents bundle. A court fee of £154 is applicable for this stage, unless the Applicant is eligible for fee remission (we can assist you with fee remission applications).
Within 28 days of serving the judicial review claim on the Home Office or the Respondent, they provide their acknowledgment of service where they either say that they would provide the remedy sought (in other words concede the case) – offer settlement, or they would contest the claim.
If the claim is contested by the Respondent, the Tribunal/Court provides a decision (usually within 1-2 months) on whether the Applicant will get permission to proceed with the judicial review claim. If permission is granted, the claim proceeds to substantive hearing. A court fee of £770 is payable for the substantive hearing, unless fee remission is applicable.
3. Renewal hearing
If the Tribunal/Court does not provide permission to proceed to the substantive hearing at the paper permission stage, then the Applicant can apply for a renewal hearing whereby the Tribunal/Court would be asked to look at the application again at a hearing and consider permission. Many cases get permission at this stage, because the Tribunal/Court gets the benefit of oral submissions.
There is a court fee of £385 for the renewal hearing (unless fee remission is applicable).
4. Substantive hearing
A full hearing on the claim takes place at this stage where the claim is ultimately decided. However, in most cases the Home Office/ Respondent offers to settle the cases with costs when the Applicants get permission either at the paper stage or at the renewal stage. Hence, very few cases proceed to the substantive hearing stage.
5. Court of Appeal
Parties can make appeals to the Court of Appeal if they do not succeed at the Upper Tribunal or the High Court.
Please feel free to consult with us if you require further detail as to the judicial review process.
Other services provided by us
- All other Immigration & Asylum matters
- Civil litigation
- Company matters
- Landlord & tenant
- Commercial conveyancing
- Personal injury
- Enforcement and debt recovery
- Negotiation, mediation, arbitration
- Business takeovers and contracts
- Business loans
- VAT & tax disputes
- Family and children
- Public law
- Human rights
- Cash seizure
- Road traffic offences
- Affidavits, oaths, statutory declarations
- Documents certification & verification
- Registration and discharge of charges
- Patenting & trademark registration
- Planning permissions
- Premises licensing
- Complaints against other firms
- Professional negligence
- Clinical negligence
- Wills, probate and administration
- Charity disputes
- Housing and benefit
- Openness, integrity and trust
- Commitment and accountability
- Dedication and distinctive service
- Expertise and continuous improvement
- Equality, diversity and inclusiveness