Judicial Review UK Immigration – What is a Judicial Review? Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.Here it is important to clarify that most of the general public does not have a Clear understanding of the difference between APPEAL and JUDICIAL REVIEW. Accordingly, think of Judicial Review as a kind of an Appeal; however, as statement above Judicial Review questions the “Correctness of the Procedure” following whilst making a “Decision”; whereas APPEAL questions the “Rightfulness of a Decision” i.e. whether a decision was Right or Wrong. Keeping in view the lack of understanding of the general public the Title of the Post: Appeal UK Visa Refusal Judicial Review is deliberately chosen. However, after reading this POST the reader can well understand the Difference between a Judicial Review and an Appeal.Examples of the types of decision which may fall within the range of judicial review include:
- Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
- Certain decisions of the immigration authorities and Immigration Appellate Authority;
- Decisions of regulatory bodies;
- Decisions relating to prisoner’s rights.
Judicial Review UK Immigration
So if you think that your visa has been refused by an Entry Clearance Office (ECO) by not following the right procedure then you may contact us for Free Consultation. If you like to know more about Judicial Review then click here.