If a person wants a Judicial Review (JR) of a decision of the Home Office, UKVI in the Upper Tribunal, he/she must first apply to the Upper Tribunal (UT) for permission. This should be done as soon as possible, but normally no longer than 3 months from the date of the decision, although the courts can decide to accept applications after that time limit by granting extension of time.

The person who brings an application for Judicial Review in the Upper Tribunal (UT) is known as the Applicant and the person against whom the Judicial Review (JR) is brought in the Upper Tribunal is the Respondent, normally the Secretary of State for the Home Department (‘SSHD’) but it can be an Immigration Officer or Entry Clearance Officer when their decision is being challenged.

Filing Of On Paper Application For Permission For JR With The Upper Tribunal

An application for permission to apply for Judicial Review (JR) must be made by using T480 UTIAC Judicial Review Claim Form. The claim form must include or be accompanied by -

  • a detailed statement of the claimant's grounds for bringing the claim for judicial review;
  • a statement of the facts relied on;
  • any application to extend the time limit for filing the claim form; and
  • any application for directions.

Where you are seeking to raise any issue under the Human Rights Act 1998, or a remedy available under that Act, the claim form must include the information required by paragraph 16 of the Practice Direction supplementing Part 16 of the Civil Procedure Rules.

The claim form must also be accompanied by

  • any written evidence in support of the claim or application to extend time;
  • a copy of any order that you are seeking to have quashed;
  • where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
  • copies of any documents upon which you propose to rely;
  • copies of any relevant statutory material;
  • a list of essential documents for advance reading by the court (with page references to the passages relied upon). Where only part of a page needs to be read, that part should be indicated, by side-lining or in some other way, but not by highlighting.

Where it is not possible for you to file all the above documents, you must indicate which documents have not been filed and the reasons why they are not currently available. The defendant and/or the interested party may seek an extension of time for the lodging of its acknowledgement of service pending receipt of the missing documents.

You must also lodge sufficient additional copies of the claim form for the court to seal them (i.e. stamp them with the court seal) so that you can serve them on the defendant and any interested parties. The sealed copies will be returned to you so that you can serve them on the defendant and any interested parties.

If you are represented by solicitors they must also provide a paginated, indexed bundle of the relevant legislative provisions and statutory instruments required for the proper consideration of the application. If you are acting in person you should comply with this requirement if possible.

Service On The Respondent And Any Interested Parties

The sealed copy of claim form (and accompanying documents) must be served on the Respondent and any person that you consider to be an interested party (unless the court directs otherwise) within 9 days of the date of issue (i.e. the date shown on the court seal).

You should lodge a Statement under Upper Tribunal Rule 28A (2)(b) in the Upper Tribunal within 9 days of the date of issue (i.e. the date shown on the court seal).

Application For Urgent Consideration Or Interim Order

If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form T483 UTIAC Judicial Review. Application for urgent consideration. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.

Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the defendant and interested parties (by FAX and by post), advising them of the application and informing them that they may make
representations directly to the Court in respect of your application.

A judge will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.

If the Judge directs that an oral hearing must take place within a specified time the Upper Tribunal will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.

Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given to making a wasted costs order.

Acknowledgement Of Service (AoS)

Once the Judicial Review (JR) claim has been served on the Respondent, there are 21 days to file a paper response to the claim, this is known as an Acknowledgement of Service (AoS). The AoS must also be served on the Applicant and each interested party within timeframe of 21 days. The AoS allows the Home Office to confirm whether it accepts the claim detailed in the judicial review or whether they wish to contest the claim. If the Home Office are contesting the claim the AoS, will include their summary grounds of defence (SG) and any evidence the Home Office wishes to rely on as to why the claim should not be granted permission to proceed.

The Acknowledgement of Service (AoS) must set out the summary of grounds for contesting the claim and the name and address of any person considered to be an interested party (who has not previously been identified and served as an interested party).

Failure to file an Acknowledgement of Service (AoS) renders it necessary for the party concerned to obtain the permission of the Upper Tribunal to take part in any oral hearing of the application for permission.

Decision On An Application For Permission To Apply For Judicial Review

Applications for permission to proceed with the claim for Judicial Review are considered by a single judge on papers. The purpose of this procedure is to ensure that applications are dealt with speedily and without unnecessary expense.

The papers will be forwarded to the judge by the Upper Tribunal upon receipt of the Acknowledgement of Service (AoS) or at the expiry of the time limit for lodging such acknowledgement – whichever is earlier. In some cases, the judge will not be able to reach a decision on whether permission should be granted on the basis of the paper documents before him. In these circumstances, an oral permission hearing (OPH) will be ordered.

The judge's decision and the reasons for it will be served upon you, the Respondent and any other person served with the claim form. If the judge grants permission and you wish to pursue the claim, you must lodge a further fee of as stated in the order. This is known as continuation fee. If you do not lodge the additional fee, your file will be closed by the Upper Tribunal. If permission to proceed with the Judicial Review (JR) has been granted by the judge, the case will proceed to a full substantive hearing.

If the judge does not think the claim is arguable, the judicial review will be refused permission to proceed. Both parties are then notified of this decision by means of a court order. If permission is refused, the judge may also certify the claim as being ’totally without merit’. This is added when the judge considers the claim is completely hopeless. A ‘totally without merit’ finding stops the claimant from renewing their judicial review to an oral permission hearing, but they may appeal this decision to the Court of Appeal.

Responsibility For The Costs Of The Respondent If The Application Is Unsuccessful

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the Respondent/interested party for costs will normally be made in the Acknowledgment of Service.

Why Sunrise Solicitors For Paper Application For Permission To Apply For Judicial Review?

The immigration solicitors at Sunrise Solicitors are experts in dealing with paper application for permission to apply for Judicial Review (JR). The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London in relation to your paper application for permission to apply for Judicial Review (JR) and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your paper application for permission to apply for Judicial Review (JR), the casework we will carry out on your behalf will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Upper Tribunal in your application for Judicial Review (JR);
  • Discussing your permission application for Judicial Review (JR) in detail with you and advising you about the weaknesses and strengths of your Judicial Review (JR) application;
  • Discussing with you the reasons given by the Home Office, UKVI for the refusal of your application and possible grounds for a paper application for permission to apply for Judicial Review (JR);
  • Discussing with you the response to Pre Action Protocol as received from the Home Office, UKVI and how the response does not address the possible grounds for Judicial Review;
  • Instructing a Barrister for grounds in support of the paper application for permission to apply for Judicial Review;
  • Completing the Claim Form for Judicial Review and discussing the same with you;
  • Preparing a cover letter to introduce and support your permission application for Judicial Review (JR);
  • Filing the paper application for permission to apply for Judicial Review with the Upper Tribunal;
  • Serving a sealed copy of the JR claim form and all other supporting documents on the Respondent and notifying the Upper Tribunal of the same;
  • Considering contents of the Acknowledgement of Service (AoS) upon receipt of the same from the Government Legal Department (GLD) and re-assessing merits of the permission application;
  • Doing all the follow up work until decision is reached by the Upper Tribunal judge on your permission application;
  • Discussing the decision of the Upper Tribunal judge with you and advising you on the same including advising you on the next steps and course of action in your application.

Our Fees For A Paper Application To The Upper Tribunal (UT) For Permission For Judicial Review (JR)

You have the following funding options to fund your paper application for permission to apply for Judicial Review (JR):

No Win No Fee

  • We can act for you on no win no fee basis in relation to your paper application for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee Basis will be depend on the complexity of the case and chances of success in the case. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay any fee.

Agreed Fixed Fee

  • We will charge you a fee from £1,500 + VAT for our professional immigration services in relation to paper application for permission to apply for Judicial Review (JR). The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by the Upper Tribunal on paper application for permission to apply for Judicial Review (JR).

Hourly Rate Fee Option

  • You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will depend on the complexity of the matter, the Post Qualification Experience (PQE) of the solicitor handling the matter and urgency of the matter etc,.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

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