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Judicial Review

"Judicial review is a procedure whereby the Courts can supervise the exercise of power, often by a public body. In immigration cases, this is usually the Home Office.  The Judge will review the lawfulness of a decision, action or failure to act of a public body or Government department. It can also be used to challenge secondary legislation such as the Immigration Rules or policy or the compatibility of an act of parliament with rights under the European Convention on Human Rights. Judicial Review can only be used where all avenues of appeals have been exhausted. This is a well-established procedure under which the High Court may examine any decisions of government departments, tribunals and other public authorities to see whether the particular decision which is being questioned was in conformity with relevant legal provisions. It is different from an appeal in that the High Court cannot in such a case reach any decision on the merits. If the High Court finds that the decision did not comply with the relevant legal provisions, it can quash the decision and order the department or other authority to reconsider the case in correct accordance with those provisions. In recent years failed asylum seekers have made ever increasing use of judicial review, particularly as a means of contesting orders for their removal, pleading the protection of provisions of the European Convention on Human Rights, especially Article 8, which protects the right to family life and is heavily relied on by applicants who have acquired children during their stays in the United Kingdom. On this subject see legal briefing papers MW159: 'Reform of the immigration appeals system' and MW225: 'Judicial review in the tribunal'. By the operation of sections 15 to 29 of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal Immigration and Asylum Chamber has been granted a limited judicial review jurisdiction. In the context of asylum claims, judicial review enables the applicant to challenge a decision on the basis that the original decision was based on the incorrect application of law. Judicial reviews cannot be used to challenge the asylum decision itself, this is the role of the Asylum and Immigration Tribunal."

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Judicial Review

"Judicial review is a procedure whereby the Courts can supervise the exercise of power, often by a public body. In immigration cases, this is usually the Home Office. The Judge will review the lawfulness of a decision, action or failure to act of a public body or Government department. It can also be used to challenge secondary legislation such as the Immigration Rules or policy or the compatibility of an act of parliament with rights under the European Convention on Human Rights. Judicial Review can only be used where all avenues of appeals have been exhausted. This is a well-established procedure under which the High Court may examine any decisions of government departments, tribunals and other public authorities to see whether the particular decision which is being questioned was in conformity with relevant legal provisions. It is different from an appeal in that the High Court cannot in such a case reach any decision on the merits. If the High Court finds that the decision did not comply with the relevant legal provisions, it can quash the decision and order the department or other authority to reconsider the case in correct accordance with those provisions. In recent years failed asylum seekers have made ever increasing use of judicial review, particularly as a means of contesting orders for their removal, pleading the protection of provisions of the European Convention on Human Rights, especially Article 8, which protects the right to family life and is heavily relied on by applicants who have acquired children during their stays in the United Kingdom. On this subject see legal briefing papers MW159: 'Reform of the immigration appeals system' and MW225: 'Judicial review in the tribunal'. By the operation of sections 15 to 29 of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal Immigration and Asylum Chamber has been granted a limited judicial review jurisdiction. In the context of asylum claims, judicial review enables the applicant to challenge a decision on the basis that the original decision was based on the incorrect application of law. Judicial reviews cannot be used to challenge the asylum decision itself, this is the role of the Asylum and Immigration Tribunal."

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