IMMIGRATION JUDICIAL REVIEW FOR RESIDENTS OF SWITZERLAND AND SWISS CITIZENS IN THE UK

If you are a Swiss citizen (or non-Swiss citizen) living in Switzerland or the UK and you need to challenge the legality of a decision or action by the UK Home Office or the UK Immigration Tribunal, and have exhausted all other remedies, our UK immigration judicial review lawyers are here to help. We can assess the merits of your case and represent you throughout the judicial review process.

For information on appeals to the First-tier Tribunal, Upper Tribunal, or Administrative Review, please refer to our dedicated pages.

What is Immigration Judicial Review?

Immigration judicial review is a legal process where a judge in the UK examines whether a decision or action by the UK Home Office or UK Immigration Tribunal was lawful. Unlike an appeal, which reviews the merits of a decision, judicial review focuses on whether the correct legal process was followed.

Judicial review is a remedy of last resort. You must have exhausted all other complaint and appeal mechanisms before seeking this route. Note that the Home Office will not inform you of your right to challenge a decision through judicial review.

Given the complexity and potential costs of judicial review, consulting a specialist lawyer is advisable.

Is Judicial Review the Right Legal Process?

If you believe a Home Office decision was incorrect rather than unlawful, you might be able to appeal to the First-tier Tribunal instead. An appeal involves a full hearing where a judge reviews the facts of your case. If successful, the judge can either overturn the decision or send it back to the Home Office for reconsideration. You will be informed of your right to appeal.

If you wish to challenge the decision of the First-tier Tribunal, you may appeal to the Upper Tribunal rather than pursuing judicial review.

If you have no right of appeal, consider applying for an Administrative Review to correct a casework error. This internal review is based on written submissions and does not involve a hearing. You will be notified of your right to apply for Administrative Review in your decision.

Examples of Immigration Judicial Review Claims

Common scenarios for pursuing immigration judicial review include:

• Refusal of your immigration application with no right of appeal and dissatisfaction with the outcome of Administrative Review.

• Certification of your asylum or human rights claim as clearly unfounded by the Home Office, denying appeal rights.

• Rejection of further submissions by the Home Office as not constituting a fresh claim, with no appeal rights.

• Dismissal of your appeal to the First-tier Tribunal and subsequent refusal of permission to appeal to the Upper Tribunal, but belief that there was a legal error in the decision.

• Challenges to the lawfulness of your detention.

• Challenges to imminent removal or deportation.

Grounds for Immigration Judicial Review

Judicial review claims are typically based on three main grounds:

1. Illegality: The decision-maker lacked the legal authority to make the decision.

2. Procedural Unfairness: The decision-making process was flawed.

3. Irrationality: The decision was so unreasonable that no reasonable person could have made it.

Additionally, a decision can be challenged if it violates human rights protected by the Human Rights Act 1998.

If the court finds the Home Office’s decision unlawful, unfair, irrational, or contrary to human rights, it will be returned to the Home Office for reconsideration, not re-made by the judge.

Our immigration judicial review lawyers can advise on the best approach to challenge a decision and draft grounds for review.

Time Limits for Immigration Judicial Review

You must apply for judicial review promptly:

• Home Office Decisions: Within 3 months of the decision.

• First-tier Tribunal Decisions: Within 1 month of receiving the written reasons or notification of a failed application to set aside the decision.

Timeliness is crucial; seek advice from a specialist lawyer as soon as you consider judicial review.

Applying for Judicial Review

Applications are typically lodged with the Upper Tribunal (Immigration and Asylum Chamber). However, some cases, including challenges to immigration rules or detention, must be lodged with the Administrative Court (a branch of the High Court).

Immigration Judicial Review Process

1. Pre-Action Protocol Letter: Before initiating proceedings, send a Pre-Action Protocol Letter to the Home Office outlining why the decision is unlawful. This can often lead to the decision being reconsidered without formal judicial review.

2. Issuing Judicial Review Proceedings: If the Home Office does not amend its decision, apply to the Upper Tribunal (or Administrative Court if applicable) for permission to proceed with judicial review.

3. Permission to Apply: The Upper Tribunal will review whether to grant permission based on the submitted grounds. If granted, the Home Office may reconsider its decision or defend it at a full hearing.

4. Full Hearing: If permission is granted and the Home Office defends its decision, a full judicial review hearing will be held where both parties present their arguments.

Fees and Costs

Court fees for judicial review claims are:

• Initial application: £154

• Oral hearing for reconsideration of refusal: £385

• Full judicial review hearing: £770 (reduced to £385 if reconsideration fee was paid)

If you are on a low income, you may apply for a fee reduction.

Outcomes of Judicial Review

If successful, the court may:

• Issue a mandatory order for the Home Office to take action.

• Issue a prohibitory order to prevent certain actions.

• Issue a quashing order to overturn a decision.

• Issue an injunction to maintain the status quo pending a new decision.

• Make a declaration of the law.

The Home Office may then make a new decision according to legal guidelines.

If Judicial Review is Unsuccessful

If your claim is unsuccessful, you may seek permission to appeal to the Court of Appeal. Consult a specialist lawyer for advice on this process.

Costs in Immigration Judicial Review Proceedings

Typically, the losing party pays the winner’s legal costs. The Upper Tribunal may also award costs based on the conduct of the parties and adherence to procedural rules.

Immigration Status During Judicial Review

Judicial review does not automatically extend your leave to remain. The impact on your immigration status can be complex, so seek legal advice.

Liability for Removal During Judicial Review

An ongoing judicial review does not automatically prevent removal or deportation. The Home Office may defer these actions if judicial review is granted, but this is not guaranteed.

How Our UK Immigration Appeal Lawyers In Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland, including appealing against UK visa and immigration decisions and legal representation at UK immigration appeal hearings.

Our UK visa and immigration services for Swiss nationals (and non-Swiss nationals) residing in Switzerland include expert advice on the merits of appealing against UK visa and immigration refusal decisions, lodging of immigration appeals, drafting grounds of appeal, preparation of appeals and advocacy and representation before the Immigration Tribunal in the UK. We also provide Swiss (and non-Swiss) individuals and businesses offer expert advice and representation for judicial review cases, providing tailored solutions for each client. We handle everything from evaluating the merits of your claim to representing you at hearings. Our lawyers combine specialist legal advice with a professional, supportive approach to maximise your chances of a successful review.

To discuss your case with our immigration lawyers, call +41 21 588 07 70 or complete our enquiry form below.