Asylum And Appeals
In immigration practice Judicial Review is used to challenge lawfulness of the Home Office decision where no right of appeal before the Tribunals is available.
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Removal directions may be challenged by judicial review
Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal.
Judicial Review
Judicial review must be used where you are seeking:
a mandatory order (i.e. an order requiring the public body to do something and formerly known as an order of mandamus);
a prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition); or
a quashing order (i.e. an order quashing the public body’s decision and formerly known as an order of certiorari)
a declaration
HRA Damages
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Immigrations
INTERPRETERSAIT will provide an interpreter free of charge who will translate for you during the hearing. If you require an interpreter, you must inform AIT immediately, preferably in your appeal form. You may bring your own interpreter but they will not be allowed to speak officially in the hearing room nor interpret the proceedings for you. If you elect to have AIT provide an interpreter for you, you are not permitted to speak to them outside of the hearing room. The UK appeals system can be complicated to understand which can often make it difficult to know what to do next. We have experience in managing appeals successfully. we can ensure that your appeal is given the best chance for success. The application for review must be made within 5 days of receiving the determination if you are in the United Kingdom, or 28 days if you are outside the UK. If your appeal is allowed and the Home Office make no review application, the Home Office will issue the necessary documents to you, either directly (if you are in the UK) or through the Embassy (if you are outside the UK). |
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LEGAL REPRESENTATIONWhile not having legal representation does not prevent you making an appeal, it is recommended that you seek legal representation for your appeal as early as possible. |
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REVIEW OF DECISIONSApplications for reconsideration of dismissed appeals may be granted on the grounds it made an error of law. If your appeal has been allowed, the Home Office may apply for a review of the decision in the same way. If the AIT orders a reconsideration of the appeal there will be a new hearing date set. The application for review must be made within 5 days of receiving the determination if you are in the United Kingdom, or 28 days if you are outside the UK. If your appeal is allowed and the Home Office make no review application, the Home Office will issue the necessary documents to you, either directly (if you are in the UK) or through the Embassy (if you are outside the UK). |
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Judicial Reviews
Claims will generally be heard by a single Judge sitting in open Court. The Administrative Court sits at:
- The Royal Courts of Justice in London – Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL;
- Birmingham Civil Justice Centre – Priory Courts, 33 Bull Street, Birmingham, B4 6DS;
- Cardiff Civil Justice Centre – 2 Park Street, Cardiff, CF10 1ET;
- Leeds Combined Court Centre – 1 Oxford Row, Leeds, LS1 3BG;
- Manchester Civil Justice Centre – 1 Bridge Street West, Manchester, M3 3FX
Where a case is directed to be heard by a Divisional Court (a court of two judges) the hearing will usually be in London.
Canada
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Australia
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United Kingdom
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New Zealand
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Singapore
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USA
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Consultations for prospective immigrants
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Have Questions? Look Here
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What Our Clients Say
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S GUSSI
I went to see Barrister Mohammed Monwar Hossain in relation to my immigration appeal matter. His services, attitude, honesty, behaviours and representation were excellent. I am grateful for his help. My problems have been sorted out by him.
N NESSA
My two relatives have been in the UK for the last 12 years. He got their flight cancelled twice and bail granted three times. He helped them for Judicial Review and the Home Office has agreed to reconsider the decision. Barrister Monwar is really great!
NASIR KHAN
Mr Hossain is such a barrister who does not care about big fees but desperately helps people who faces immigration problems. I work as environmental officer in UK. I have no hesitation to say that if anybody has been failed and no where else to go.
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Mr Hossain is registered with the Bar Council of England & Wales to provide legal services to clients as Public Access Barrister. It means members of the public can go directly to a Public Access Barrister without having to involve an instructing solicitor or other intermediary.
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