What Is a Judicial Review and Why Do You Need One?

Judicial review refers to the way of challenging public authority decisions made by the court. A specialised form of a legal proceeding, it allows these decisions to be countered on different grounds. These include irrationality, illegality, and unfairness on the part of the court. In doing so, judicial reviews also challenge the way authorities and organisations conduct public function.  

The judicial review ensures that the state doesn’t exceed or abuse its powers. This gives the legal proceeding an edge over private law as it holds more public importance. While the former is specific to an individual’s obligations and disputes over their rights, the judicial review looks at the role of the court itself. It ensures that the decisions taken by the court are lawful and legal.

In a judicial review, judges determine the authenticity and validity of a court decision by assessing whether it was based upon the correct procedures and laws. This helps in determining whether or not the decision or conclusion issued by the court was right.

The following two conditions need to exist for a judicial review to occur:

• No other way of appealing to or challenging the court decision exists
• The grounds for challenging the court’s decision are recognised by the principles laid out for Judicial Review

Judicial Review and Immigration Laws

Ever since the implementation of the Immigration Act of 2014, quite a few changes have been made to the UK immigration law. One of the biggest changes brought on by this bill is that the right to appeal has been significantly decreased, making it more difficult for applicants to apply for immigration.

Since immigration applications are screened by Home Office employees who then make the final decision on behalf of the Secretary of State, this gives the Home Office public authority on the matter. Judicial review can help in challenging unlawful or incorrect decisions made regarding immigration status.

Why Do You Need Judicial Review For Immigration?

Through the judicial review, you can challenge the court issued by the Home Office employees if they have been made on illegal or unfair terms. This allows for your immigration appeal to be heard, reconsidered, and processed fairly. If the decision is found to be unlawful, it’ll be revised accordingly, helping your immigration case and allowing you to get the desired outcome.

Wembley Solicitors can help you with immigration appeals. Get in touch with our team in London now by calling us at 020 3417 3700! We also assist clients with their spouse visa applications and entrepreneur visa applications.