Immigration Judicial Review In The High Court
Certain immigration decisions of the Home Office UKVI or Immigration Tribunal can only be challenged in High Court, Administrative Court, by way of Judicial Review. Since the 1st November 2013, the Upper Tribunal (Immigration and Asylum Chamber) (“UT(IAC)”) has been the appropriate jurisdiction for starting a judicial review in the majority of decisions relating to immigration and asylum, not the Administrative Court.
The following immigration decisions, however, can only be challenged in the Administrative Court, High Court by way of Judicial Review:
- A challenge to the validity of primary or subordinate legislation (or of immigration rules);
- A challenge to the lawfulness of detention;
- A challenge to a decision concerning inclusion on the register of licensed Sponsors maintained by the Home Office, UKVI;
- A challenge to a decision concerning refusal or deprivation of British citizenship;
- A challenge to a decision relating to asylum support or accommodation;
- A challenge to the decision of the Upper Tribunal (UT) where no further appeal lies to the Court of Appeal;
- A challenge to a decision of the Special Immigration Appeals Commission; and
- An application for a declaration of incompatibility under the s.4 of the Human Rights Act 1998.
- A challenge to a decision which is certified (or otherwise stated in writing) to have been taken by the Secretary of State wholly or partly in reliance on information which it is considered should not be made public in the interests of national security.
While the Upper Tribunal’s and High Court’s approach to judicial review is similar there are key differences.
Our Services For Judicial Review In The High Court
As specialist immigration solicitors, we can provide fast, friendly, reliable and fixed fee Judicial Review services as listed below:
- Application To High Court For Permission To Apply For Judicial Review (JR)
- Application To High Court For Reconsideration Of Permission At An Oral Hearing
- Judicial Review (JR) In High Court After Grant Of Permission
Other Related Services
- Challenging Home Office Refusal Decisions
- Challenging The Refusal / Revocation Of Sponsor Licence
- Challenging Refusal Of Visitor Visa UK
- Challenging Removal from the UK
- Pre Action Protocol (PAP)
- Immigration Judicial Review (JR)
- Judicial Review (JR) In The Upper Tribunal (UT)
- Cart Judicial Review (JR) Against The Upper Tribunal
- Administrative Review (AR)
- Immigration Appeals
- Reconsideration Of Naturalisation / Nationality Application