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Admin & Judicial Review

LFCS LEGAL | Trusted Legal Services > Admin & Judicial Review

Administrative Review

Overview

Administrative review is a process that allows individuals to challenge a decision made by the Home Office regarding immigration applications. This review focuses on checking if the decision was made according to the immigration rules and policies. 28 days if applying outside the UK, 14 days if applying inside the UK.

Administrative Review is applicable when there is an error in the processing of the visa or a mistake in the interpretation of the evidence provided.

Applicants must file the Administrative Review within a specified time frame after receiving the refusal. The review will be conducted by a different officer than the one who made the initial decision.

Pre-Action Protocol

The Pre-Action Protocol is a preliminary step before initiating Judicial Review. It serves as a formal communication to the Home Office, outlining the reasons for the challenge and giving them an opportunity to reconsider their decision.

The Pre-Action Protocol is initiated by sending a formal letter to the Home Office detailing the issue and providing a timeframe for their response.

If the Home Office does not respond or maintains their decision, the applicant can proceed to file a Judicial Review.

Judicial Review

Overview

Judicial review is a legal process used to challenge the lawfulness of a decision made by a public body, including immigration decisions. It assesses whether the correct legal procedures were followed. JR should be submitted within 3 months from the date of the decision.

Judicial Review can be applied when there is no other legal avenue to challenge the decision, such as an appeal. It is not concerned with the merits of the decision but rather the fairness and legality of the process.

Judicial Review involves filing a claim with the Administrative Court, including a detailed explanation of the grounds for the review. If successful, the Court can order the Home Office to reconsider its decision.

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