A Judicial Review is a procedure by which a Court can review an administrative action by a public body (such as the Secretary of State) and a new decision is reached by the Court.
This option is taken where the Home Office has incorrectly reached a decision or has failed to do something and the person is given no other option to dispute this decision. A Judicial Review must be based on at least one of three things; illegality, irrationality and/or procedural impropriety. It is often in Judicial Review cases against the Home Office that the decision is procedurally improper as it was not reached by fully following all the procedure that needs to be followed when an application is considered. Furthermore, it can be that
Home Office decisions are irrational and unreasonable as the full case and/or evidence has not been considered. If you have been refused by the Home Office and you were not granted a right of appeal, please contact us to see if you may be able to lodge a Judicial Review against the decision.