The following Immigration guidance note Produced in partnership with Ellis Wilford of Lamb Building and Sonia Lenegan provides comprehensive and up to date legal information covering:
The Senior Courts Act 1981 (SCA 1981), s 31 provides the legislative framework for judicial review (JR). The procedures for JR in the Administrative Court of the High Court (HC) are laid down in the Civil Procedure Rules 1998 (CPR) Part 54 and Practice Direction (PD) 54A. From 1 November 2013 the hearing of many classes of immigration JR transferred from the HC to the Upper Tribunal (UT) of the Immigration and Asylum Chamber. While the relevant procedures are very similar to those in the HC, they are set out in a separate body of rules, the Tribunal Procedure (Upper Tribunal) Rules 2008, SI 2008/2698 (the 'UT Rules'). You will need to be aware of whether this will apply to the claim that you are considering lodging.
The terminology relating to the parties is different in the UT and the HC. In the UT, the parties are termed 'applicant' and 'respondent', while in the HC, they are termed 'claimant' and 'defendant'. These terms are used interchangeably in this Practice Note.
Before proceeding, it is essential that immigration advisers are aware of both the available heads of review and the opportunities that JR provides. See Practice Note: Immigration judicial review: which decisions can be reviewed and heads of review.
It is also crucial when considering lodging a claim to be aware of:
the relevant procedural
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