If a person wants a judicial review of a decision in High Court they must first apply to the High Court for permission. This should be done as soon as possible, but normally no longer than 3 months from the date of the decision, although the courts can decide to accept applications after that time limit.

The person who brings a claim for judicial review in High Court is known as the claimant and the person against whom the judicial review is brought is the defendant, normally the Secretary of State for the Home Department (‘SSHD’) but it can be an Immigration Officer or Entry Clearance Officer when their decision is being challenged.

The claimant sets out the grounds of their claim, and includes any evidence they wish to rely on and asks for permission to be granted. Once received by the High Court the application is ‘sealed’ by the court. This means the court stamps the application to show it has been received. The papers must then be served on the Defendant, the Secretary of State.

Once the grounds have been served on the Defendant, there are 21 days to file a paper response to the claim, this is known as an Acknowledgement of Service (AoS). The AoS allows the Home Office to confirm whether it accepts the claim detailed in the judicial review or whether they wish to contest the claim. If they are contesting the claim the AoS, will include their summary grounds of defence (SG) and any evidence the Home Office wishes to rely on as to why the claim should not be granted permission to proceed.

Once the court receives these documents a single judge will look at the papers and decide whether or not to grant permission. The test for granting permission is whether the judge thinks the claim is arguable. This is a low threshold. If the judge does not think the claim is arguable, the judicial review will be refused permission to proceed. Both parties are then notified of this decision by means of a court order. If permission is refused, the judge may also certify the claim as being ’totally without merit’. This is added when the judge considers the claim is completely hopeless. A ‘totally without merit’ finding stops the claimant from renewing their judicial review to an oral permission hearing, but they may appeal this decision to the Court of Appeal.

If the judge does consider the claim to be arguable, he or she will grant permission. In this circumstance, the case will proceed to a full substantive hearing. In either case, both parties are notified of the judge’s decision by means of a court order.

Why Sunrise Solicitors For Paper Application For Permission For Judicial Review (JR)?

The immigration solicitors at Sunrise Solicitors are experts in dealing with paper applications for permission for Judicial Review (JR). The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration solicitors. You can contact us if you are seeking legal help from immigration solicitors in London in relation to your paper application for permission to apply for Judicial Review (JR) and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your paper application for permission to apply for Judicial Review (JR), the casework we will carry out on your behalf will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the High Court in your application for Judicial Review (JR);
  • Discussing your permission application for Judicial Review (JR) in detail with you and advising you about the weaknesses and strengths of your Judicial Review (JR) application;
  • Discussing with you the reasons given by the Home Office, UKVI for the refusal of your application and possible grounds for a paper application for permission to apply for Judicial Review (JR);
  • Discussing with you the response to Pre Action Protocol as received from the Home Office, UKVI and how the response does not address the possible grounds for Judicial Review;
  • Instructing a Barrister for grounds in support of the paper application for permission to apply for Judicial Review;
  • Completing the Claim Form for Judicial Review and discussing the same with you;
  • Preparing a cover letter to introduce and support your permission application for Judicial Review (JR);
  • Filing the paper application for permission for Judicial Review with the High Court;
  • Serving a sealed copy of the JR claim form and all other supporting documents on the Defendant and notifying the High Court of the same;
  • Considering contents of the Acknowledgement of Service (AoS) upon receipt of the same from the Government Legal Department (GLD) and re-assessing merits of the permission application;
  • Doing all the follow up work until decision is reached by the High Court judge on your permission application;
  • Discussing the decision of the High Court judge with you and advising you on the same including advising you on the next steps and course of action in your application.

Our Fees For A Paper Application To High Court For Permission For Judicial Review (JR)

You have the following funding options to fund your paper application for permission to apply for Judicial Review (JR):

No Win No Fee

We can act for you on no win no fee basis in relation to your paper application for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee Basis will depend on the complexity of the case and chances of success in the case. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay any fee.

Agreed Fixed Fee

We will charge you a fee from £1,500 + VAT for our professional immigration services in relation to paper application for permission to apply for Judicial Review (JR). The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by High Court on paper application for permission for Judicial Review (JR).

Hourly Rate Fee Option

You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will range from £200 to £400 per hour depending on the complexity of the matter, the Post Qualification Experience (PQE) of the solicitor handling the matter and urgency of the matter etc.

Enquiry Form

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

Copyright © 2019 Sunrise Solicitors, All rights reserved