A Judicial Review is a kind of legal proceeding in which the judge reviews the legality of a decision made by a public body. In terms of granting a Visa to an applicant, the option for judicial review may be considered when the Home Office, UKBA has made a decision to disallow (refusal) you from entering in the UK. The process does not look into the rights or wrongs of a decision in fact it looks at its lawfulness. In the text below we will look at the Pre-Action Protocol for a Judicial Review.
- Before making your claim for Judicial Review you must first write a letter the defendant, i.e. the Home Office. The letter should highlight the issues in dispute and establish whether litigation can be avoided. The letter should also contain dates and details of when the refusal took place.
- Once the letter has been received, the defendant (the UKBA) should respond to the letter within 14 days. There may be consequences if the letter is not responded to within that time period.
- The claimant should however make sure that the application is made within the given time limits and no later. In this case the application for judicial review must be submitted within 3 months after the grounds upon which the claim was first based on.