Latest Guidelines Stress 3-Month Window on Judicial Reviews
Those who have had their immigration case refused and intend to seek a judicial review, can do so within three months after they have their administrative review decision, according to the latest government guidelines.
Those visa nationals in the UK who have had their leave to remain application refused, without appeal rights, need to first go through an administrative review in order to challenge the decision.
The Home Office Administrative Review said: “If the administrative review is refused then a judicial review can be sought.”
Government guidelines state: “The team handling the JR (Judicial Review) must calculate the 3 month time limit for applying for JR from the date on which the applicant was served with the administrative review decision, not the date of the original decision on the application.”
YDVISAS stressed the importance of this information: “It’s crucial that the team working on such cases is aware of these guidelines as there is a lot of work to be done.”
“Many experts feel that a Judicial Review should be done within three months of the application decision date, but the fact is that it can be done within 3 months of the Administration Review decision date. This information is vital.”