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Judicial Review, Scotland

If you disagree with a decision by the Home Office, and other methods of dispute resolution haven’t worked, you may be able to seek a judicial review.

If you believe a decision by the Home Office is unlawful, unreasonable or procedurally incorrect, you can challenge this through a Judicial Review. Solicitors from Jones Whyte will be able to support you throughout the review process and represent you in court.

While Judicial Reviews are designed to look at the lawfulness of a Home Office decision, you cannot introduce new evidence during the review. The scope of the review is limited to the lawfulness of the decision.

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Judicial Reviews – definition

Judicial Review provides an opportunity for an individual to challenge the lawfulness of a government decision.

These decisions can include those made by:

Central government.
A government department.
Regulators.
Local authorities.
Other public bodies that are performing a public function.

Most cases are settled following negotiations from the pre-action protocol letter. Indeed, you usually have to go through the pre-action protocol process before you will be able to seek a Judicial Review.

The Judicial Review process can take several months or even longer. This is why it makes sense to try and resolve issues before it comes to court.

If a Judicial Review claim is successful, then the decision must be quashed or nullified and thus the decision will have to be retaken.

Review solicitors from Jones Whyte will be able to represent you throughout the proceedings. We have the knowledge and experience of court proceedings to help resolve things in your favour.

Contact Jones Whyte immigration lawyers today.

Administrative review

Depending on the type of decision, you may want to seek an administrative review, rather than a judicial review.

Using the administrative review process, individuals who have applied for entry clearance or a UK visa but have since been refused, are able to challenge this refusal.

Often decisions will be considered incorrect due to a case working error, thus individuals have a legal right to challenge a negative decision affecting them, independent from the original decision-makers.