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Judicial Reviews

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In immigration practice Judicial Review is used to challenge lawfulness of the Home Office decision where no right of appeal before the Tribunals is available.

Removal directions may be challenged by judicial review.

Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal.

Judicial review must be used where you are seeking:

  • a mandatory order (i.e. an order requiring the public body to do something and formerly known as an order of mandamus);
  • a prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition); or
  • a quashing order (i.e. an order quashing the public body’s decision and formerly known as an order of certiorari)
  • a declaration
  • HRA Damages

Claims will generally be heard by a single Judge sitting in open Court. The Administrative Court sits at:

  • The Royal Courts of Justice in London – Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL;
  • Birmingham Civil Justice Centre – Priory Courts, 33 Bull Street, Birmingham, B4 6DS;
  • Cardiff Civil Justice Centre – 2 Park Street, Cardiff, CF10 1ET;
  • Leeds Combined Court Centre – 1 Oxford Row, Leeds, LS1 3BG;
  • Manchester Civil Justice Centre – 1 Bridge Street West, Manchester, M3 3FX

Where a case is directed to be heard by a Divisional Court (a court of two judges) the hearing will usually be in London.

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