MCR

Immigration Judicial Reviews

If you want to challenge an immigration decision through JR, contact MCR Solicitors for expert guidance and support.

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Immigration Judicial Review (JR)

You can appeal an immigration decision by Judicial Review (JR), even if you haven't been given a right to appeal the refusal decision.
In immigration cases, judicial review (JR) is a legal procedure by which an unlawful UKVI or Immigration Tribunal decision may be challenged in court. The court examines the illegality of an immigration decision and, if it is unlawful, sets it aside so that the Home Office UKVI or Tribunal can make a new lawful immigration decision.
If you want to challenge a Home Office decision about your immigration status, you may be able to apply for a judicial review. A judicial review is an opportunity to appeal the UKVI or Immigration Tribunal's decision in court and have it overturned if it was made unlawfully.
You will need legal advice and representation from a qualified immigration solicitor to apply for a judicial review. At MCR Solicitors, our team of experienced immigration solicitors has helped thousands of individuals successfully challenge UKVI and Immigration Tribunal decisions.

Judicial Review Procedure: Pre Action Protocol For Judicial Review

You should send a pre-action protocol (PAP) letter to the UKVI before filing an immigration judicial review (JR) in court and request reconsideration of its refusal decision within 14 days.

A pre-action protocol (PAP) letter is a letter sent to the Home Office, UKVI, to resolve a dispute before Judicial Review (JR) litigation against the Home Office UKVI. A Pre-Action Protocol (PAP) letter, also known as a “letter before claim” or a “letter before action,” is a type of correspondence between a claimant and the other party that outlines their position and tries to negotiate a settlement before formal legal action is pursued.

We can assist you with your pre-action protocol (PAP) letter for Judicial Review (JR) against the UK Home Office UKVI, as well as with the entire Judicial Review (JR) process.

Judicial Review (JR) In The Upper Tribunal

If you have not been given the right of appeal against a refusal decision, you can ask for a Judicial Review (JR) in the Upper Tribunal (IAC).

The Upper Tribunal (IAC) hears appeals against decisions made by the First-tier Tribunal about Immigration and Asylum.

As specialist immigration solicitors, we can provide reliable, fast, and fixed fee judicial review services as listed below:

  • Pre Action Protocol (PAP) For Judicial Review (JR)
  • Application To Upper Tribunal (UT) For Permission To Apply For Judicial Review (JR)
  • Application To Upper Tribunal (UT) For Reconsideration Of Permission At An Oral Hearing
  • Judicial Review (JR) In The Upper Tribunal (UT) After Grant Of Permission

Judicial Review In High Court

We provide efficient, friendly, dependable, and inexpensive Judicial Review services as follows:

  • 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

Cart Judicial Review (JR) In High Court

A Cart JR is a legal case against a UT decision denying permission to appeal a First-Tier Tribunal decision/determination in the absence of appeal rights to the Court of Appeal. It’s a lawsuit based on the cart. In addition, it needs to be brought within 16 days of UT permission to apply for JR.

 

At MCR Solicitors, we are dedicated to providing expert legal advice on all aspects of immigration. With over 10 years of experience in immigration law, we can provide you with comprehensive legal assistance and representation to ensure that your application has the best chance of success.

 

The Upper Tribunal’s decision to refuse permission to appeal was challenged by the applicant in various stages of CART JR, as shown in the table below:

  • Application To High Court For Permission To Apply For Cart JR
  • Substantive Cart JR Hearing In High Court After Grant Of Permission

JR Appeal To The Court Of Appeal

The Upper Tribunal or High Court decision appealed to the Court of Appeal can be challenged. In a Judicial Review proceeding in which the Court of Appeals is involved, we may assist you with the following services:

 

  • Application To Upper Tribunal Or High Court For Permission To Appeal Court Of Appeal
  • Application To Court Of Appeal For Permission To Appeal To Court Of Appeal
  • JR Appeal To The Court Of Appeal After Grant Of Permission

Reviews

FAQ's

Sometimes, an Oral Permission Hearing is (OPH), which is also heard during the substantive hearing. This is known as a rolled-up hearing. It is more common to occur if one party has applied for the case expedited (i.e. heard sooner). The advantage of a rolled up hearing is that the matter can be dealt with quickly. It also costs less than the two-stage process. A rolled-up hearing will determine whether permission is granted and, if so, the outcome of the judicial appeal.

An Oral Permission Hearing (OPH), the claimant will present their case to a single High Court judge. The claimant will then explain why permission should be granted. The Home Office (UKVI) will also be available for explanations as to why permission should not have been granted. The Home Office will assign a counsel (barrister) to explain why permission should not be granted. The High Court will decide whether permission should then be granted. An OPH cannot be renewed for a claim that has been certified as ‘totally lacking merit’.

 

If Judicial Review permission is granted, the matter will move to substantive JR hearing. If the permission is denied, the Counsel for Applicant may appeal to the High Court against the refusal of permission to proceed with Judicial Review.

Your request for permission to apply to Judicial Review (JR) is denied by the High Court. Your legal representative may appeal to the Court of Appeal to overturn the High Court’s decision. This oral request is usually denied by the High Court. The Applicant has the option to appeal to Court of Appeal against the High Court’s decision.

 

A pre-action protocol letter (PAP) is a letter sent to the Home Office (UKVI) to resolve an immigration matter. This letter can be used to contact the Home Office UKVI to initiate proceedings against them. Pre-Action Protocol (PAP), also known as a “letter before claim” or a “letter before action”, is a letter that is sent to the Home Office UKVI. These terms all refer to the same thing.