Judicial review is a court process where there is an independent review by a judge on the steps a Public Authority or the Home Office has taken to reach a decision on an immigration application.
An appeal differs in that it reviews the ultimate decision made. Judicial review focuses on the legality of the procedure taken to reach the decision. If you believe that the refusal of your immigration application was based on unfairness, irrationality, or illegality, you can ask for a judicial review of the decision process.
Most judicial reviews in asylum and immigration cases in England and Wales are heard in the Upper Tribunal.
A judge will first need to grant permission for a judicial review to take place, therefore, the first step is to apply for permission.
If the court finds that the public body has acted unlawfully it can award damages, but this is rare in practice. Most likely the court will do one of the following:
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