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The UK Border Agency has announced important changes to its published policy on judicial review challenges for cases where they “are seeking to remove people from the United Kingdom”.

The changes to the policy will come into effect on 3 August 2009.

The changes are part of the agency’s drive to establish a “swift end-to-end process” for concluding asylum cases and deporting foreign national prisoners.

Any decision that the UK Border Agency (UKBA), or public body, makes can be challenged in the courts under the process known as ‘judicial review’, if it is believed that the decision was made ‘unlawfully’ or ‘irrationally’ or was otherwise flawed.

Immigration cases should not reach the stage of judicial review until they have been through the entire appeals system.

The change to UKBA policy covers situations where a person’s case has been finally determined and they have exhausted all statutory rights of appeal. If they then issue a claim for a judicial review up to three months after their statutory appeal was concluded, the current policy is normally to suspend their removal.

Under the new policy, the UKBA will normally proceed with the removal, although they will still defer removal in appropriate cases.

In addition, the UKBA are extending the current policy on people who issue a claim for judicial review up to three months after a judge has refused permission on a previous judicial review application.

This revised policy, which came into effect on 30 January 2009, currently applies only to cases where people have been detained. From 3 August it will be extended to include non-detained cases.

These changes in policy will only affect those cases where the claimant has raised nothing new (having lodged the same or virtually identical grounds) to the material that was previously considered or that could reasonably have been raised previously during the statutory appeal.

Any individuals affected by the new policy, and their representatives, will be informed that that the UKBA intend to proceed with removal and that they will therefore need to obtain an injunction in order to prevent their removal.

If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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13 Responses to “Changes to UKBA policy on judicial review challenges”
Read them below or add one

  1. Baby-Muslim@hotmail.co.uk' Baby-Muslim@hotmail.co.uk'Ade says:

    Hi, I came into this country at the age of 14 on a visitor visa and I was way too young to know what immigration was all about my sister who is a British citizen took me in and told me to stay at the age of 21 I sent and flro application to the ukba via my solicitor which was rejected with no right to appeal. Then my solicitor send a reconsideration later to the ukba which I have not heard from them, I also got my mp involved, who told be to give the ukba some more time to Acess my reconsideration. At the age of 23 now i still haven’t heard from the ukba regarding my reconsideration letter. My sister was suggesting we should apply for a judicial review but am not too sure, any help would do please….

  2. mojtarali@yahoo.es' mojtarali@yahoo.es'dick says:

    what f*****g happend if the court give me right in judicial review that the home office was wrong and iam waiting more than f*****g 5 Monthes to give me answer

  3. Elenausman@yahoo.com' Elenausman@yahoo.com'Usman says:

    Need advice.. I applied for residence card on july 2011 being a partner of eea citizen exercizing a treaty right. I was refused on 4th may on the grounds that I didin’t send them my passport which I already told them that I lost it during my stay. My solicitor wrote them back to reconsider my application under the article 8 of humans right coz I’m blessed with a baby daughter of which I send them her birth certificate. What will happen next?

  4. ololadeakindele@yahoo.com' ololadeakindele@yahoo.com'ama says:

    I need an advise on what to do. I came to UK in year 2000 as an ilegal immigrant and in 2005 I met my husband who his a british citizen after about 3yrs of courtship we got married in 2008 and had a baby together. We made an application to the home office for my leave to remain but I was refused and in my refusal letter they said we have a family life here in UK but we should be able to return to our country and enjoy our family life.My solicitor sent a reconsideration to Ukba and told them why my husband can’t return to Nigeria with me because is battling with some health issues.we wrote several letters to them for good 2 years and there was no reply. My solicitor contacted my local Mp and she wrote to ukba in 2012 march but before she wrote to them(Mp) my husband’s health condition got worse and we sent medical report and photographs of his condition to ukba but to no avail.after the ukba was contacted by the mp they decided they will look into my case before the end of may 2012 and truly I got a decision from them in may and my reconsuderation was refused without right of appeal and my husband passed on.I have not been giving right of appeal and also didn’t issue a removal notice yet and to my suprise UKba said they are refusing my reconsideration sent to them feb2012 and we have sent a reconsideration since 2010, that means they have not even looked at all my husband’s medical report and health issues and photograph they just made a decision without reading the documents provided. my solicitor sent them my husband’s death certificate asking them to review or issue a removal so I can get to appeal. I shall be greatful if anyone has got a useful idea for me or how can I go about this judicial review as am going through so much now.have been on this issue since 2008 and I eventually lost my husband. Will be greatful if anyone is able to give me a useful information.

  5. You need to take proper advice from an OISC regsitered immigration adviser or lawyer.

  6. ayan_ladan@hotmail.co.uk' ayan_ladan@hotmail.co.uk'Ayan says:

    my husband was removed with a name that aint his ,(his fathers name)
    My husband has being in uk sinces the age of 7 and hes now 25 years of age he was given leave to remain with hes real name ,my husband was given deportion order because of his crimal convecations ,he done his time and never sinces then re-offened .He was removed with his fathers name.
    Because he was deported illigaly my husband was beaten up durning the time he was in africa by the kenyan authorities (police )and tortured ,mentally and psyically.
    my husband managed to come to the uk some how and hes now being detainned again.I spoke with Hes casework to explain to he what has happened to my husband during his removal,and by was he removed with a name that aint his?????Hes replay was i never deported your husband with no other name but his..
    I told the casework my husbands real name and the name he deported him in ,the casework still claims he never deported my husband in any other name,..
    which is a tottal lie.Because we have no solicitors we are in a big mess,now my husband is unwell and sucidel,he want to kill him self.Immmigration has distroyed our lifes.what can i do from here????

  7. oke2009@hotmail.co.uk' oke2009@hotmail.co.uk'Oke V. says:

    Please, I made an application for post study work and by error UKBA sent it back thinking that I made Tier 1 on the basis that I did not instruct for the correct fee £840 instead of £540. The timein getting this responds affected the date and the original Bank statement I got from oversea Bank. I later made another application the UKBA refused it that my Bank Statement was online without a signature, eventhough there was e-mail that accompany the statement and there was enough fund.

    The UKBA write to me given me only three days to get the original from overseas – Africa. I complained that this was impraticable and demanded for more time, as the bank told me that this can be prepared, stamped and posted within 6 weeks.

    UKBA just refused the application only on this ground – My one year has now pass, I am thinking of going for judicial review because they are harsh.

  8. oluwatobipopoola@yahoo.co.uk' oluwatobipopoola@yahoo.co.uk'oluwatobi says:

    i just won my judiciary review and i want to what would happen next because they asked me to continued reporting every weeks

  9. aishawattoo@hotmail.com' aishawattoo@hotmail.com'Violet Broome says:

    My boyfriend has been detained by ukba at campfields house in oxford and has been subject to unscrupulous dealings by solicitors. thankfully he has now secured a good solicitor found for me by the welsh refugee council in cardiff.

    His solicitor is going to make an application for a judicial review hearing does anyone know if this is the best way forward as the solicitor feels that the ukba decision was harsh to say the least.

  10. lyrics4real@gmail.com' lyrics4real@gmail.com'toyin says:

    Hello there, I have just lost my judicial review claim as a tier 4 student even though several errors were made by the UKBA during my constant applications. I do report regularly at the reporting centre and I made it clear to the officer when I was interviewed that I could not return to my home country due to fear of prosecution about my sexuality being gay. My half brothers and sister have already diswoned me and my uncle who was sponsoring me also stopped contacting me after he found out about me being gay. I lost my parents at an early age and I do not have no where to return, I explained all this to the immigration officer during the interview.

    Now that the Judicial Review to look into my student visa extension had just been refused, will this mean I will automatically be detained and removed despite my family issue?

    Thank you.

  11. razepenhan2008@yahoo.com' razepenhan2008@yahoo.com'hasan says:

    what will happen if i applied for judcial review and the judge tell it seems to me wrong to deport him and give an injunction and then home office says we will concider your case under paragraph 353 immigration rule.

  12. papillonbleu8@aol.com' papillonbleu8@aol.com'Ms Sakaf says:

    Hi Sarfraz, if you are unsure on anything about your case the best thing to do is go to your local refugee council and they will go through it with you.
    However, I can tell you what I think. If you have had ‘all appeals rights exhausted’ – again if you are not sure, ask – then you are entitled to a judicial review. Whatever is happening to your case right now should not be affected by the new legislation (law) as this was made on the 3rd August after you were granted a review of your case. I am afraid nothing really will happen next until your case is looked at in court. You will just have to wait. I also don’t think any action can been taken on you before your court date – again ask if you’re not sure. My boyfriend is currently in the same situation so this is why I have some idea.

    I wish you luck and I hope you are successful.

  13. acacac_12@yahoo.com' acacac_12@yahoo.com'sarfraz says:

    my case is in review in asylum case in administrative court london but immigration told me we will write you a letter if we can not resolved your case your case ia being dealt with immigration officer what will happen next with best wishes sarfraz bye

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