In the event that you have no right of appeal against a decision of the Home Office or your administrative review has also been refused, you can apply to the High Court or Upper Tribunal to judicially review the decision of the Home Office.
The grounds on which you can bring such a challenge are that the decision of the Home Office is unreasonable, irrational or unlawful.
Proceedings should be issued as soon as possible and no later than 3 months from the date of the decision being challenged.
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Judicial review of decision to certify human rights claim as clearly unfounded
The court will consider your grounds for judicial review, your bundle of evidence and the Home Office’s summary defence to the claim, before deciding whether there is an arguable case. This is called the permission stage of the claim.
If the court decides that there is an arguable claim, it will grant you permission to proceed with the judicial review challenge. The case will thereafter proceed for a full hearing.
If permission is refused, you have the option to ask for the matter to be reconsidered at an oral hearing before a judge. If permission is refused again at this point, you will need to appeal the matter to the Court of Appeal.
Sometimes it is possible to also judicially review the decisions of the immigration tribunal. If your immigration appeal is dismissed by the First-tier Tribunal and your application for permission to appeal to the Upper Tribunal is refused by the Upper Tribunal, you can apply to the High Court to determine the lawfulness of the Upper Tribunal’s decision.
Our expert lawyers have many years of experience conducting successful judicial review actions challenging a variety of different types of decisions including unlawful detention claims, decisions to certify claims as being clearly unfounded, decisions not to implement published policy, delays in making decisions on applications, and removal decisions.
