If you’re contesting a decision by UK Visas and Immigration (UKVI) and considering a judicial review, make sure you hire the right lawyer to represent you in this maze of litigation. You can get a judge to reverse a legal, unjust or unbalanced decision. But it’s a very serious and painful step, one to be taken only when the other paths have run dry.
What Is Judicial Review?
A judiciary review is where a court overturns a government department such as UKVI’s decision in order to ensure it is valid. It isn’t something that you just automatically have; it needs to be authorised by the court, and only after every other avenue of alternative solution has been exhausted.
You can apply for judicial review if you believe the UKVI decision was:
- Unlawful
- Unreasonable
- Improperly handled
- Disproportionate
A claim for judicial review must be made within three months from the date the decision was made. If you miss this deadline, the court will usually not allow your case to proceed.
What Happens in Judicial Review?
In a judicial review, the court may issue one of the following orders:
- Quashing order: The decision is canceled.
- Prohibiting order: Prevents the government body from taking action beyond their powers.
- Mandatory order: Forces the government body to act, like reviewing a visa application correctly.
- Declaration: A statement explaining the rights and duties of each party.
- Injunction: Orders the authority to stop doing something.
- Damages: In special cases, if there’s a human rights issue or a legal breach.
Why You Need a Qualified Lawyer for Judicial Review
Judicial review is a complex process that can be difficult to navigate alone. To increase your chances of success, it’s essential to hire a lawyer with experience in immigration law and judicial review. Here are some key factors to consider when choosing the right lawyer:
1. Is the Law Firm SRA-Regulated?
Make sure the lawyer is part of a law firm regulated by the Solicitors Regulation Authority (SRA). Only SRA-regulated firms can take on full judicial review cases. If you have concerns about the service or conduct of your lawyer, you can file a complaint with the SRA, and they will investigate.
2. Does the Lawyer Have a Reputation for Honesty?
Judicial reviews are costly and complicated. If you lose your case, you may have to pay the costs of the other party in addition to your own. It’s important to work with a lawyer who is honest and straightforward about the chances of success. Look for reviews from past clients to see if the lawyer has a reputation for honesty and transparency.
3. What Do the Reviews Say?
Online reviews can give you insight into how a lawyer or law firm has handled cases. Check out platforms like Trustpilot to see feedback from other clients. Honest reviews can help you understand the lawyer’s approach and whether they will be a good fit for your case.
4. What Motivates the Lawyer?
You want a lawyer who genuinely cares about your case and is passionate about helping you achieve the best outcome. Look for someone who is committed to fighting for your rights and holding UKVI accountable when they make incorrect decisions. Judicial reviews are often lengthy and challenging, so you need a lawyer who will give your case the attention it deserves.
How Law and Visas Can Help
At Law and Visas, we are dedicated to helping our clients navigate the judicial review process. Whether you’re challenging a decision on a visa application, a Sponsor Licence issue, or other immigration matters, we’ll work tirelessly to protect your rights. Our team of experienced immigration lawyers is committed to getting you the best outcome possible.
If you’re considering a judicial review, Law and Visas can help you assess your case, guide you through the legal process, and ensure your rights are protected.
