Appeals, Administrative Review and Pre-Action Letter for Judicial Review
Judicial review is a legal remedy before either the Upper Immigration Tribunal or the High Court, depending on the circumstances. It is a remedy which may be available where there is no right of appeal/administrative review or no further right of appeal, ie it is a “last resort” procedure.
The judicial procedure consists of the Tribunal or the Court reviewing the decision made by the Home Office or British Embassy and deciding whether it is arguably unlawful or wrong. If the Tribunal/Court decides that there are arguable grounds for the decision being flawed then, most typically, it directs the decision-maker to retake the decision, but this time on the correct basis.
In some cases, there is no right of appeal or administrative review if a visa application is refused. In those circumstances, judicial review may be available. In other cases, the administrative review/appeal process may have been carried out but the applicant has still been unsuccessful. In such cases, judicial review may also be available.
A judicial review case is initiated by a letter being written to the Home Office/British Embassy decision-maker which says that the applicant intends to apply for judicial review. This letter gives the decision-maker an early opportunity to overturn the decision and avoid the judicial review procedure. This letter is called a “judicial review pre-action protocol” and in some cases, it can be successful in getting the decision overturned and the visa granted. An OISC regulated firm such as Edmans & Co is permitted to draft and submit pre-action correspondence to the Home Office on behalf of our clients.
This letter gives the decision-maker an early opportunity to overturn the decision and avoid the judicial review procedure. This letter is called a “judicial review pre-action protocol” and in some cases, it can be successful in getting the decision overturned and the visa granted.
An OISC regulated firm such as Edmans & Co is permitted to draft and submit pre-action correspondence to the Home Office on behalf of our clients.
If the decision is not overturned at this stage then the applicant can continue the judicial review procedure.
Our lawyers at Edmans & Co have extensive experience dealing with cases of any complexity and drafting pre-action letters to the Home Office for Judicial review proceedings. Please call us either on
Please call us either on 020 7439 3000 or send us an email using our contact form and one of our lawyers will get in touch with you.