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Judicial Review Against The Home OFFICE, UK Visas & Immigration and The First Tier Tribunal/Upper Tribunal

Judicial Reviews (JRs) In The Upper Tribunal

Where the Home Office, UKVI have refused an application for entry clearance or leave to remain and have not granted right of appeal against the refusal of the application, such refusal can be challenged by way of Judicial Review against the Home Office, UKVI within 3 months from the date of the refusal letter.

According to Civil Procedure Rules one is required to send a Pre-Action Protocol notice to the Home Office, UKVI giving them at least 14 days to review their decision and change their decision in light of the information/documentary evidence given through Pre Action Protocol letter. As a result of Pre Action Protocol letter, the Home Office, UKVI may review their decision to refuse the application and may either maintain the refusal or grant the visa.

If the decision to refuse is maintained by the Home Office, UKVI or the Home Office, UKVI do not respond to the Pre Action Protocol letter within 14 days, you can make an application to the Upper Tribunal for permission to apply for Judicial Review. Such application is made on papers and the court will refuse and grant permission on papers and without a court hearing. The majority of the applications for permission to apply for Judicial Review are resolved by consent at this stage after negotiations between the Treasury Solicitors (the solicitors representing the Home Office, UKVI) and the claimant's solicitors.

If permission is refused by the Upper Tribunal, the claimant can then make an application for renewal of permission for Judicial Review within 7 working days for the permission application to be decided after a court hearing. The court will list the matter for hearing and the permission will be granted or refused after the court hearing.

If the permission is granted either at the stage of application on papers or after the hearing in the court, the Judicial Review will then be listed for substantive hearing whereby the Upper Tribunal will decide whether or not the decision of the Home Office, UKVI is in accordance with the relevant laws.