Judicial review frequently asked questions (FAQ)

The purpose of the pre-action protocol is to avoid unnecessary litigation. Before a claim is made for judicial review against the Home Office, UKBA, a code of good practice is set out by the protocol and it contains the necessary steps which parties should follow.

The applicant is required to send a pre-action protocol letter to the Home Office, UKBA before a claim is made for judicial review against the Home Office, UKBA. It can be decided if litigation can be avoided when it is established that the purpose of this letter is to recognize the issues in the dispute. It is significant for the letter to contain a clear summary of the facts which the claim is based on, the details and date of the decision and the act or omission being challenged. Details of relevant information must be put on the letter that the claimant is seeking and an explanation why it is considered relevant. Unless the circumstances of the case requires an immediate action a Judicial Review claim against the Home Office is not normally made until the proposed reply date stated on the letter before the claim is passed.
The T480 UTIAC Judicial Review Claim Form must be used to apply for permission to apply for Judicial Review against the Home Office, UK Visas & Immigration.
From the date of the refusal letter and according to the Civil Procedure Rules, a claim for Judicial Review must be made as soon as possible and not more than 3 months. The claimant is required to file for grounds of extension of time and seek the permission of the court to extend time for filing Judicial Review where a claim for Judicial Review is filed with the Upper Tribunal after 3 months from the date of the decision.
A T483 UTIAC Judicial Review Form for application for urgent consideration must be completed by the applicant if he or she wants their application for permission to be heard or considered by a Judge based on the matter of seeking an interim injunction or as a matter of urgency. The reasons for urgency and the timescale required for the consideration of the application are set out by the above mentioned application form and the timescale must be within 72 hours or earlier if deemed necessary and the date which the substantive hearing is to take place.
Unless the individual applies for fee exemption using form EX160, he or she must pay a court fee of 140 pounds for filing an application for permission to apply for Judicial Review. .

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