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Application To Upper Tribunal (UT) For Reconsideration Of Permission At An Oral Hearing

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Application To Upper Tribunal (UT) For Reconsideration Of Permission At An Oral Hearing

If your application for permission to apply for Judicial Review is refused on papers, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing by submitting an application to the Upper Tribunal.

How To Apply?

Request for an oral hearing must be made on the Notice of Renewal, Form 86b, (a copy of which will be sent to you at the same time as the judge’s decision) and must be filed within 7 days of the judge’s decision upon you (CPR Part 54.11 & 54.12).

Procedure For Hearing

Notice of the hearing is given to you, the Respondent and any interested party by the Court List Office. An oral hearing is allocated a total of 30 minutes of court time. If it is considered that 30 minutes of court time is insufficient, you may provide a written estimate of the time required for the hearing and request a special fixture. Neither the Respondent nor any other interested party need attend a hearing on the question of permission unless the court directs otherwise. The legal representatives of the Applicant and the Respondent or any interested party will attend the court hearing and argue their case before the Upper Tribunal Judge.

Legal Costs If Your Application Is Unsuccessful

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.

Appeal Against The Refusal Of Permission To Apply For Judicial Review

If the Upper Tribunal refuses your application for permission to apply for Judicial Review (JR), your legal representative can orally apply to the Upper Tribunal for permission to appeal to the Court of Appeal against the decision of the Upper Tribunal to refuse permission. In most cases, such oral request is also refused by the Upper Tribunal which leaves the Applicant with the option of applying to the Court of Appeal itself for permission to appeal to the Court of Appeal to challenge the decision of the Upper Tribunal.

How Can We Help?

The immigration solicitors at Sunrise Solicitors are experts in dealing with renewal application for permission to apply for judicial review. You can contact us if you are seeking legal help from immigration lawyers in London in relation to renewal application for permission to apply for judicial review and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding renewal application for permission to apply for Judicial Review, our work will entail the following:

  • assessing the reasons given by the Upper Tribunal Judge in refusing the permission application on papers;
  • discussing the reasons for refusal of permission with you in detail and advising you about the weaknesses and strengths of your Judicial Review matter;
  • preparing an application and grounds for reconsideration of permission at an oral hearing;
  • submitting the renewal application to the Upper Tribunal with grounds in support thereof;
  • Instructing a Barrister and preparing a Brief to Counsel for the Barrister to appear before the Upper Tribunal Judge and argue the case for the permission to be granted by the Upper Tribunal;
  • Doing all the follow up work on your renewal of permission application at an oral hearing until a decision is received from the Upper Tribunal on your permission application.

How Much We Charge?

Unless your matter is very complicated, our fees for our professional services for an application to the Upper Tribunal for reconsideration of permission at an oral hearing are as given in the fee table below:

Our Service Fixed Fee Range Hourly Rate
Full representations to cover all our work on your application to the Upper Tribunal for reconsidertion of permission for Judicial Review at an oral hearing £1000 + VAT to £3000 + VAT £150 + VAT to £350 + VAT per hour

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application. In addition to our fixed fee, the applicant will also have to pay the court fee for Judicial Review and the Barrister’s fee for advocacy work before the Upper Tribunal Judge.

No Win No Fee

We can also act for you on no win no fee basis in relation to your application to the Upper Tribunal for reconsideration of permission for Judicial Review at an oral hearing if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your application for reconsiderataion of permission for Judicial Review at an oral hearing is unsuccessful, you will not have to pay our fees for our professional services.

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