You can challenge certain immigration refusal decisions by Judicial Review (JR) to the Upper Tribunal (UT) if you have not been given right of appeal against the refusal decision.
Judicial Review Against Home Office UKVI
The Upper Tribunal decides applications for judicial review of certain decisions made by the Secretary of State for the Home Department (SSHD), Entry Clearance Officers (ECOs) and others, under immigration legislation. The classes of case where an application to challenge such a decision may be made to the Upper Tribunal are those to which paragraph 1 of the Lord Chief Justice’s direction of 21 August 2013 applies. An application to the Upper Tribunal for Judicial Review against refusal decision of the Home Office UKVI should be made within 3 months of the refusal decision date.
Judicial Review Against The First Tier Tribunal Decision
You can also challenge the decision of the First Tier Tribunal by way of Judicial Review (JR) in Upper Tribunal where you have no appeal remedy against the decision of the First Tier Tribunal. Normally, the procedural decisions of the First Tier Tribunal are challenged by way of Judicial Review (JR) in the Upper Tribunal. An application for permission to apply for Judicial Review (JR) against a decision of the First Tier Tribunal must be filed in the Upper Tribunal within one month of the decision date. The applicant is not required to submit Pre Action Protocol letter when challenging the decision of the First Tier Tribunal by way of Judicial Review.
Our Services For Judicial Review In The Upper Tribunal
As specialist immigration solicitors, we can provide fast, friendly, reliable and fixed fee Judicial Review services as listed below: