Immigration judicial review: which decisions can be reviewed and heads of review
Produced in partnership with Daniel Hayes of D Hayes Public Law Practice

The following Immigration practice note produced in partnership with Daniel Hayes of D Hayes Public Law Practice provides comprehensive and up to date legal information covering:

  • Immigration judicial review: which decisions can be reviewed and heads of review
  • Legitimate expectation
  • Proportionality
  • Fairness
  • Procedural and substantive unfairness
  • Dishonesty and interviews
  • Best interests of children
  • Points-based system
  • No answer in the Immigration Rules
  • Remedies and legal framework
  • More...

Immigration judicial review: which decisions can be reviewed and heads of review

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

In principle the lawfulness of any administrative decision relating to an individual’s immigration status or nationality may be susceptible to challenge on established public law grounds via judicial review where no alternative remedy exists.

Note: The government has launched an independent review to examine whether there is a need to reform the judicial review process, see News Analysis: Striking a balance or tipping the scales? The Independent Review of Administrative Law and the possible reform of judicial review. The discussions and outcome are likely to be informative and may change the public law landscape for the future.

Judicial review is the process whereby the judges of the Administrative Court (which sits within the Queen’s Bench Division of the High Court of Justice), and since 1 November 2013, the Upper Tribunal (Immigration and

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