- Page Contents
- Overview
- No Win No Fee For Judicial Review
Against The Home Office, UKVI - Procecedure For Oral Hearing
- Legal Costs If Application Unsuccessful
- Appeal Against The Refusal Of Permission
- How Can We Help?
- Our Team Of Immigration Solicitors
- Ask A Question For Free Advice
- Book An Appointment
- Why Choose Us?
You can apply for reconsideration of your permission to apply for Judicial Review (JR) against the Home Office UKVI at an oral hearing after the permission has been refused by the court on papers or permission has been granted subject to conditions or on certain grounds only. It is very common for application for permission for Judicial Review (JR) to fail at paper consideration stage and succeed at an oral hearing stage because the legal representations at an oral hearing stage are more effective and due consideration is also given by the Judge in an oral hearing than paper consideration of the permission application by the court.
Request for consideration of permission at an oral hearing must be made on the relevant application form provided by the court at the same time when decision on permission application is served on you. You must file the application for permission to be considered at an oral hearing within 7 days of the judge's decision being sent to you.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for challenging the UKVI decision by way of Judicial Review.
No Win No Fee For Judicial Review (JR) Against The Home Office UKVI
Our specialist team of immigration solicitors can act for your Judicial Review (JR) against the Home Office UKVI on no win no fee basis which means you will not have to pay our legal costs if you do not succeed in your Judicial Review and if we do succeed in the Judicial Review (JR) we will recover our legal costs from the Home Office UKVI.
The no win no fee agreement does not cover disbursements or third party costs e.g. court fee and Barrister fee in relation to your Judicial Review proceedings and you will have to pay such costs for us to prepare and issue the Judicial Review proceedings. If we recover our legal costs from the Home Office UKVI in the event of succeeding in Judicial Review proceedings, the disbursement which you would have paid would be refunded back to you as such disbursements will also be recovered from the Home Office UKVI. However, if we are not able to recover our legal costs from the Home Office UKVI, you will not be able to get the refund of court fee and the Barrister's fees. It is also important that if you fail in your Judicial Review claim, the court may order legal costs of the Home Office UKVI to be paid by you.
Please note that we will only take on your case on no win no fee basis if we find that there are good grounds to challenge the unlawful decision of the Home Office UKVI.
Procedure For Oral Hearing
Notice of the hearing is given to you, the Respondent and any interested party by the Court List Office. An oral hearing is allocated a total of 30 minutes of court time. If it is considered that 30 minutes of court time is insufficient, you may provide a written estimate of the time required for the hearing and request a special fixture. Neither the Respondent nor any other interested party need attend a hearing on the question of permission unless the court directs otherwise. The legal representatives of the Applicant and the Respondent or any interested party will attend the court hearing and argue their case before the Upper Tribunal Judge.
Legal Costs If Your Application Is Unsuccessful
The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.
Appeal Against The Refusal Of Permission To Apply For Judicial Review
If the court refuses your application for permission to apply for Judicial Review (JR), your legal representative can orally apply to the court for permission to appeal to the Court of Appeal against the decision of the court to refuse permission at oral hearing. In most cases, such oral request is also refused by the court which leaves the Applicant with the option of applying to the Court of Appeal itself for permission to appeal to the Court of Appeal to challenge the decision of the Upper Tribunal or High Court.
How Can We Help?
Our specialist team of immigration solicitors and lawyers at Premium Solicitors are experts in dealing with renewal application for permission to apply for judicial review. Our immigration solicitors can provide you fast, friendly, reliable and professional legal services for your application for permission at an oral hearing. The casework to be carried out by our expert team of immigration solicitors will entail the following:
- Our immigration solicitors will assess the reasons given by the Judge in refusing the permission application on papers;
- Our immigration solicitors will discuss the reasons for refusal of permission with you in detail and advise you about the weaknesses and strengths of your Judicial Review matter;
- Our immigration solicitors will prepare an application and grounds for reconsideration of permission at an oral hearing;
- Our immigration solicitors will submit the renewal application to the court along with supporting grounds for renewal of permission at an oral hearing;
- Our immigration solicitors will instruct a Barrister and prepare a Brief to Counsel for the Barrister to appear before the Judge and argue the case for the permission to be granted by the court at an oral hearing;
- Our immigration solicitors will carry out all the follow-up work on your renewal of permission application at an oral hearing until a decision is received from the court on your permission application.
