This Practice Note outlines the procedural aspects of submitting an immigration judicial review claim and available remedies. It discusses which type of claims should be submitted to the Upper Tribunal (Immigration and Asylum Chamber), and which to the Administrative Court of the High Court. It also covers the procedural aspects of submitting a claim in both jurisdictions, including the Pre-Action Protocol including letter before claim, commencing and lodging a claim, service and acknowledgement of service, consent orders, the permission application, and substantive hearing. Further permission to appeal following an unsuccessful claim is also covered.
This Practice Note outlines the circumstances in which judicial review of immigration decisions is available, such as the requirement to have exhausted other remedies (including a discussion on where the alternative remedy for a person in the UK is an out-of-country appeal, exercisable only after departure). It also discusses the available grounds for judicial review, providing immigration-related case examples, and lists the remedies that may be granted to a successful claimant, including a discussion of damages.
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