If you are looking to enter into the United Kingdom with an immigrant visa program, have already entered into the United Kingdom with said immigrant visa program but have been detained due to immigrant law, or have been found to have entered into the United Kingdom illegally (or resided in United Kingdom illegally), you may have to contend with judicial reviews.
A system that has been established to ask judges or tribunals to take actions or make decisions based upon the facts presented to them in regards to an immigration issue, judicial reviews allow you to put right illegal, improper, or irrational situations – essentially overturning the decision of a previous judge or tribunal.
There are any different number of reasons that you may be interested in leveraging judicial reviews when it comes to immigration or visa issues in the United Kingdom, but the two most common reasons for judicial reviews to occur would have to be delays in the determination of a successful appeal as well as the refusal to allow an appeal process to happen in the first place.
The burden of proof is placed squarely upon the shoulders of the person looking to pursue a judicial review in the first place, and it needs to meet a handful of very specific and very important criteria.
This criteria includes, but is not limited to:
-An illegal decision or detainment stemming from an immigration or visa issue
-Procedural issues that have been deemed to be discriminatory in nature or fall outside the “rules of natural justice”
-Are completely and totally unreasonable, to the point where no sensible person would have reached the same or similar conclusions
-Where the punishment or effect of a specific decision was disproportionate to the issue at hand
You’re going to need to speak with an immigration solicitor or the UK Home Office to move forward with a judicial review – so contact them at your earliest possible convenience.
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