Judicial Review PROCEEDINGS
Overview
Judicial review proceedings involve a challenge to the legal validity of a decision. It may have departed from the procedures which either by statue or at common law as a matter of fairness ought to have been observed. The decision itself may be found perverse, or irrational or grossly disproportionate to what was required.
Judicial review in immigration case
In immigration and human rights cases, Judicial review may trigger about those decisions where there is no right of appeal or where all appeal rights have been exhausted.
The vast majority of judicial review proceedings concern aspects of asylum and human rights claim; i.e. where fresh claim is refused or a claim is certified or declared unfounded; deportation and removal cases as well as where a person’s application to register or naturalise is refused as a British citizen.
Contact Team MT UK (Immigration and Human Rights Department) for advice and assistance on judicial review proceedings.
Services Provided
- Receiving your instructions and analysing the same.
- Studying carefully the documentation (refusal/decision) which is subject of judicial review proceedings.
- Advising on law, procedure and evidence required to institute the judicial review proceedings.
- Preparing and forwarding Pre Action Protocol letter (PAP) to the Home Office.
- Preparing and forwarding a brief to Counsel to settle ‘’Statement of Facts & Grounds’’.
- Preparing and completing the prescribed judicial review application form (attaching Statement of Facts & Grounds) seeking permission; filing and serving the same.
- Where permission is granted on paper, pursuing the judicial review proceedings until it is heard for which Counsel is briefed for advocacy.
- Where permission is refused on paper, advising you on the merits to renew the application for an oral hearing.
- Where permission is granted at the hearing, pursuing the judicial review proceedings until it is heard for which Counsel is briefed for advocacy.
- Advising about the outcome of the judicial review hearing including what further steps you need to take.
Timescales
i. Application submission
Application for Judicial Review from instructions received, on average, is likely to take up to 10 – 14 weeks for permission granted/refused on paper; Application for Judicial Review renewed for permission to be determined at an oral hearing is likely to take up to 10 – 14 weeks; Where permission is granted, the full oral hearing is likely to be listed up to 10 – 14 weeks; MT UK will indicate at the earliest opportunity if the matter is likely to take longer than the above period.
ii. JR decision
MT UK cannot predict the outcome of your decision.
Pricing
Category of Costs: Agreed/Fixed Costs
Costs:
Pre-action Protocol: Average from £1,000.00
Upper Tribunal – Permission (on paper): Average from £1,500.00
Upper Tribunal – Permission (permission hearing): Average from £3,000.00
Upper Tribunal – Full Hearing: Average from £3,000.00
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
On average, this type of work takes 15 hours plus to complete. The precise number of hours depend on the complexity of the case.
Costs quoted do not include:
- Any Court fees for making the application. For updated court fees visit the related gov.uk website.
- Other expenses commonly known as disbursements for expert evidence/medical reports/Independent Social Worker Reports/Anthropologist Report etc. No additional expense shall be incurred unless approved. Costs on average from £2,000.00.
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
Who will carry out the work:
- Solicitor/Director assisted by a Paralegal
- All work supervised by the concerned Director