If your immigration appeal has not been successful, your legal representative will be able to advise you on whether you have grounds to apply for Judicial Review.
Judicial Review is a court proceeding in which the judge analyses the lawfulness of a decision made by a public body. In your immigration case it will usually be the decision made by the Home Office.
The following events could be subject to a Judicial Review:
- A refusal to accept that further submissions amount to a fresh claim
- A decision to certify a claim as clearly unfounded
- A failure to act – such as a delay in making a decision
- Setting of removal directions where this decision infringes an ECHR right
Usually, immigration removal cases, where there has been an asylum or human rights claim should go through other stages of appeal before they reach the Judicial Review Stage. Our lawyers at Kalsi Solicitors will guide and assist you through this whole process to avoid any confusion or doubt. We will ensure your immigration matter is processed the correct way.
A pre-action protocol sets out the steps which need to be followed before starting an application for Judicial Review. Normally this procedure applies where removal directions have not yet been set.
In non-urgent cases, a pre-action protocol gives a chance to the public body to consider the issues you have outlined and provide a response to resolve any concerns before you start Judicial Review proceedings.
There have been known cases where the Home Office has unlawfully detained an asylum seeker in a detention centre.
The Home Office has powers to be able to detain individuals at an Immigration Removal Centre however in some cases the validity of their decision can be challenged. Many asylum seekers live in fear as they may have survived trafficking, rape or torture – in these cases they should not have been detained and there are many ways Kalsi Solicitors can help detainees obtain release and potential compensation for their unlawful detention.
You may have been unlawfully detained if you are particularly vulnerable to harm in detention because one of the following applies to you:
- You suffer from a mental health condition or impairment.
- You are pregnant.
- You are suffering from stress related illnesses.
- You suffer from a serious physical disability.
- You are over the age of 70 years.
- You are under the age of 18 years.
- You have been a victim of human trafficking or slavery.
- You are a victim of torture.
- You are a victim of sexual or gender-based violence, including Female Genital Mutilation (FGM).
- Any other reason that makes you particularly vulnerable.
If you are in detention and one of the above applies to you, it is very important that you request for a doctor to come and medically assess you. It is very important also that you ascertain whether your ongoing detention is lawful or not. This is where our experienced lawyers can assist you. We will be able to speak to you, collate relevant facts and advise you what the next steps are for you.