The Judicial Review bill, published on 21 July 2021, will remove the option of applying to the High Court if the upper and lower immigration tribunals reject a case, save for some limited exceptions. Data on how many of these appeals currently succeed is unclear, but it appears to be low.
There are limited exceptions to this, where the High Court will consider reopening matters. These are limited to the following:
- The tribunal acted in bad faith;
- The tribunal was in fundamental breach of the principles of natural justice
- The tribunal was not properly constituted; or
- The permission application was invalid.
It will likely be rare that any of these exceptions apply, and this would, therefore, potentially have large consequences for a small number of individuals.
Gherson have extensive experience in bringing Judicial Review claims. Should you require any assistance, please do not hesitate to contact us for advice, send us an: e-mail, or alternatively, follow us on Twitter, LinkedIn or Facebook to stay up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021