Under the circumstance where an application for entry clearance or leave to remain has been refused by the Home Office, UKBA and the individual has not been granted the necessary rights to appeal against this refusal, within 3 months from the date the refusal letter was issued, the Home Office, UKBA can be challenged by way of Judicial Review.
In concurrence with the Civil Procedure Rules, a Pre-Action Protocol notice, which is a documentary evidence or information given via a Pre-Action letter, must be submitted to the Home Office, UKBA allowing them at least a minimum of 14 days to evaluate and change their decision. Though the Home Office is allowed to evaluate their decisions on the refused application, the Pre-Action Protocol letter allows them to either grant a visa or to still maintain their refusal on the application.
The applicant can make an application to the Upper Tribunal for permission to apply for Judicial Review, if the Pre-Action Protocol letter has not be responded to by the Home Office, UKBA within 14 days or if the decision to refuse is maintained by the Home Office, UKBA. This applications is normally made on papers and without a court hearing, the court will grant permissions and refusals on paper. The period after negotiations between the Claimant’s solicitors and the solicitors representing the Home Office, UKBA (the Treasury Solicitors) can be resolved by consent when the majority of the applications for permission to apply for Judicial Review.
An application for renewal of permission for Judicial Review can be made within 7 working days for the application of permission to be decided after a court hearing if the permission has been refused by the Upper Tribunal. After the court hearing, the application for permission will be granted or refused if the court lists the matter for hearing.
The Judicial Review will be listed for substantive hearing if the application for permission is granted either after the hearing in the court or at the stage of application on papers. This statement illustrates that it can be decided whether or not the decisions of the Home Office, UKBA are in accordance with the relevant laws by the Upper Tribunal.