BUSHRA ALI SOLICITORS are very experienced in representing persons in Judicial Review Applications. Were a decision-making body issues a decision against which there is no domestic remedy available such as an in-country right to appeal to the First – Tier Tribunal, you may seek to challenge that decision as irrational, unlawful or perverse. As BUSHRA ALI SOLICITORS are renowned for resolving the most complex of cases, we have a particular expertise in finding errors or flaws in Home Office decisions, particularly where no right to appeal is granted, and pursuing Judicial Review challenges before the Upper Tribunal and High Courts. In most circumstances applications for Judicial Review are now lodged with the Upper Tribunal. A fee needs to be paid to the courts. You may be able to seek a fee exemption where for example you are receiving NASS support or section 4 support, or are in receipt of qualifying benefits. We will draft extensive statement of facts and grounds and prepare your Judicial Review bundle and application to be placed before the Upper Tribunal. Once Judicial Review Proceedings have been lodged, we will await the sealed copy of the Claim Form to be returned to us by the Upper Tribunal. We will then proceed with filing and serving a copy of the sealed Claim Form, Judicial Review grounds and bundle with the Government Legal Department, representing that Home Office. The Home Office will then proceed with being advised by the Government Legal Department and if intending to defend their refusal decision will proceed with filing and serving an acknowledgement of service and summary grounds of defence with the Upper Tribunal. Thereafter the Upper Tribunal will proceed with considering the Judicial Review Application on the papers without a hearing and will issue a decision as to whether or not permission for Judicial Review is to be granted. In order to be granted permission for Judicial Review one must demonstrate that the decision they are challenging may be irrational, unlawful or perverse. In the event that permission for Judicial Review is granted, a fee will need to be paid to the Upper Tribunal in order to continue Judicial Review Proceedings. Again, one may seek a fee exemption if one qualifies. Thereafter, it is usual for the Government Legal Department to proceed with advising Home Office once again, and the Home Office may consider offering to reconsider your application and perhaps invite you to agree to withdraw Judicial Review Proceedings by consent. Usually, this would be the most amicable solution as the best outcome of Judicial Review Proceedings is to have an order from the Judge compelling the Home Office or decision-making body to reconsider your matter. Should the Home Office not make any such offer, the matter will usually proceed to a full Judicial Review Hearing. At the end of the Judicial Review Hearing the judge would be making a decision as to whether you are to succeed in your Judicial Review Application, or not. In the event you are to succeed, the judge may make a decision quashing the decision-making bodies’ decision and compelling that decision-making body to reconsider your matter. If however on the papers permission for Judicial Review was not granted, you may make an application seeking an oral renewal of Judicial Review. Again, there would be a fee payable to the court for this and you would be able to seek a fee exemption, supposing that you qualify. You would then be waiting for a hearing date and we would represent you before the Tribunal in order to try to convince the judge, orally that permission for Judicial Review should be granted. Again, in order to succeed we will need to demonstrate that the Home Office or decision-making body decision could be unlawful, irrational, and perverse. In the event you were successful at an oral renewal hearing, again, before the matter proceeds to a full Judicial Review Hearing, the Home Office would normally seek advice from the Government Legal Department as to whether they can continue to defend their decision. There is a chance that at this stage the Home Office may agree to offer to reconsider your matter and terms of consent could be agreed to withdraw Judicial Review Proceedings.
Bushra Ali Services
As stated above we at BUSHRA ALI SOLICITORS are highly experienced in dealing with all types of Judicial Review matters. Ms Bushra Ali herself has dealt with a countless number of very complicated Judicial Review matters. She has dealt with complex matters both inside and outside of the Immigration Rules. She has challenged Home Office decisions refusing to accept Further Submissions as amounting to a Fresh Claim. She has a very high record of ensuring that persons are not removed from the UK. Where persons have had removal directions set and have been about to be removed from the UK, she has successfully managed to obtain last minute interim relief, ensuring she has an out of office hours judge issue an injunction prohibiting the UK Home Office from removing her client from outside the jurisdiction of England and Wales. This firm does not hold a Legal Aid contract and thus we assist on a private paying basis only. Should you have a situation whereby you wish to challenge a Home Office or other decision-making body decision by way of Judicial Review Proceedings, please do not hesitate to contact us.