Judicial Reviews and Injunctions are a remedy used by Solicitors in order to solve specific issues faced by those subject to Immigration controls.
The Judicial Review is a civil procedure which is conducted by a branch of the High Court called the Administrative Court. It is used to challenge decisions made by immigration authorities when all other routes are exhausted. An example of when a Judicial Review would be employed would be when there is no right of appeal against a decision but there remains grounds for challenge on the basis that the decision was unlawful or irrational, perverse or incompatible with human rights laws.
An injunction on the other hand is an action which can be issued by the court to prevent immigration authorities from carrying out a decision while it is under challenge. For example, an injunction may be obtained to prevent a person being removed from the UK while a decision to remove is subject to challenge.
There are circumstances in judicial review procedures may be used in immigration cases.By way example these can include;
· “Certificates” issued by the Secretary of State which effectively either limit or deny a person their right of appeal.
· The refusal by the Home Office to accept a fresh claim.
· Negative decisions where there is no right of appeal because at the time of the application the person did not have any leave.
· Unlawful detention.
· Unlawful removals to a safe “third country”.
· Nationality decisions and unreasonable delays by the Home Office in taking administrative steps.
· Urgent cases where removal from the UK is imminent.
If a claim for judicial review is successful, the Court is likely to declare the decision unlawful requiring the Secretary of State to review the matter in accordance with the legal findings of the Court.
Advice and representation is available under public funding for those whose cases have a good chance of succeeding but do not have the means to pay.
If your UK immigration visa application is refused with no right to appeal, we can assist by way of Judicial Review. At Duncan Lewis Solicitors, we are experts at challenging the Home Office through Judicial Review. Our team of UK immigration solicitors are highly experienced with making Judicial Review claims against the UK Home Office.
Duncan Lewis Immigration Solicitors
Duncan Lewis is one of the UK’s leading Legal Aid immigration solicitors and can advise migrants from the EU and from non-EU countries on a wide range of UK immigration matters, including:
• Asylum in the UK and asylum appeals
• British citizenship
• Entrepreneur visas
• Fast-track detention process
• Five-year work permits
• Housing Benefit
• Illegal entry to the UK
• Marriage in the UK
• Student visas
• Visa overstays.
For expert legal advice on UK immigration law, call Duncan Lewis immigration solicitors on 020 7923 4020.
For urgent legal help with immigration – including fast-track detention – call the Duncan Lewis Emergency Hotline on 020 7275 2036, where an accredited immigration solicitor is available 24/7.