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Judicial Review is the process by which the lawfulness of a decision taken by a public authority can be challenged, provided there is no other way to challenge such a decision.
In immigration matters, the types of decisions usually susceptible to Judicial Review are decisions taken by UK Visas and Immigration which do not provide the applicant with a right to challenge the decision by way of an Administrative Review or an appeal to an Immigration Tribunal.
Increasingly in immigration matters, there is less opportunity to challenge decisions taken by UK Visas and Immigration.
This is mostly due to the changes brought into effect by the Immigration Act 2014 which has removed the right of appeal to an Immigration Tribunal in most cases. As such, the circumstances in which an individual can bring a Judicial Review has increased significantly.
If you would like to discuss whether you can bring a Judicial Review claim, please feel free to contact us.
Please note that this article is for information only and should not be taken as legal and/or financial advice. Immigration law changes regularly and it may be the case that this page has not been updated to take into account the latest changes. If you would like advice on your personal circumstances, please feel free to contact us.
Judicial Review -