What is the time limit for filing an application to the Upper Tribunal for permision to apply for Judicial Review?
An application to the Upper Tribunal for permission to apply for Judicial Review must be filed within 3 months of the date of decision which is being challenged in court.
How can I apply to the Upper Tribunal for permission to apply for Judicial Review?
You can apply to the Upper Tribunal for permission to apply for Judicial Review (JR) by using T480 UTIAC Judicial Review Claim Form for challenging an immigration refusal decision. The claim form must include or be accompanied by -
- a detailed statement of the claimant's grounds for bringing the claim for judicial review;
- a statement of the facts relied on;
- any application to extend the time limit for filing the claim form; and
- any application for directions.
Where you are seeking to raise any issue under the Human Rights Act 1998, or a remedy available under that Act, the claim form must include the information required by paragraph 16 of the Practice Direction supplementing Part 16 of the Civil Procedure Rules.
The claim form must also be accompanied by
- any written evidence in support of the claim or application to extend time;
- a copy of any order that you are seeking to have quashed;
- where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
- copies of any documents upon which you propose to rely;
- copies of any relevant statutory material;
- a list of essential documents for advance reading by the court (with page references to the passages relied upon). Where only part of a page needs to be read, that part should be indicated, by side-lining or in some other way, but not by highlighting.
Can I make an application to the Upper Tribunal for urgent consideration or for interim relief?
If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form T483 UTIAC Judicial Review. Application for urgent consideration. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.
Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the Respondent and interested parties (by FAX and by post), advising them of the application and informing them that they may make representations directly to the Court in respect of your application.
A judge of Upper Tribunal will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.
If the Judge directs that an oral hearing must take place within a specified time the Upper Tribunal will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.
Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given by the Upper Tribunal to making a wasted costs order.
Within how many days after the JR being sealed by the court, I have to provide a sealed copy of the JR bundle to the Respondent?
The sealed copy of Judicial Review (JR) bundle must be served on the Respondent and any person that you consider to be an interested party (unless the court directs otherwise) within 5 days of the date of issue (i.e. the date shown on the court seal).
Within how many days I should file a Statement under Upper Tribunal Rule 28A (2)(b) in the Upper Tribunal?
Within how many days after receiving the sealed copy of the JR bundle, the Government Legal Department (GLD) should file an Acknowledgement of Service (AOS) with the court?
In immigration cases, the Acknowledgement of Service (AOS) is filed by the Government Legal Department (GLD) on behalf of their client, the Home Office, UKVI. They must file the Acknolwedgement of Service (AOS) with the court within 21 days of being served with a sealed copy of the JR bundle.
What is the time limit for the Respondent to serve you with a copy of the Acknolwedgement of Service (AOS)?
The acknowledgement of service must be served upon you and the interested parties no later than 7 days after it is filed with the Upper Tribunal. Failure to file an acknowledgement of service renders it necessary for the party concerned to obtain the permission of the court to take part in any oral hearing of the application for permission.
What is the remedy available to me if my application for permission to apply for Judicial Review has been refused by the Upper Tribunal Judge on papers?
If 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.
What is the next step in the Judicial Review matter if my application for permission to apply for Judicial Review is granted on papers?
If the judge grants permission and you wish to pursue the claim, you must lodge a further fee of £700.00 (or a further Application for Remission of Fee (Form EX160) with the Upper Tribunal within 7 days of service of the judge's decision upon you. If you do not lodge the additional fee, your file will be closed by the Upper Tribunal.
Will there be any legal costs implications if my application for permission to apply for Judicial Review 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 Respondent/interested party for costs will normally be made in the Acknowledgment of Service.
Can Sunrise Solicitors act for my application for permission to apply for Judicial Review on no win no fee basis?
We can also act for you on no win no fee basis in relation to your application to the Upper Tribunal for permission to apply for Judicial Review 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 the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay our fees for our professional services.