The Government and the UK Border Agency must act according to the law and must act fairly. They must follow their own policies and procedures. They must not take into account irrelevant considerations and arguments, but must take into account all relevant considerations and arguments when making a decision. The Government and UK Border Agency must not breach the Human Rights Act, the European Convention of Human Rights or Refugee Convention. If a person is not treated fairly and cannot complain about a decision or action in any other way or appeal to a Tribunal or Court they may be able to apply for a Judicial Review.
Judicial review is a procedure where a Judge reviews the lawfulness of a decision or action of the Government or UK Border Agency. In immigration law decisions that can be the subject of Judicial Reviews include the UK Border Agency’s refusal to accept a fresh claim for asylum or any other application for permission to remain the United Kingdom and a Tribunals decision to refuse permission to appeal against one of its own decisions. If a person’s rights are breached and they have no appeal to the Courts or a Tribunal a Judicial review of a decision is the only remedy. An application for a Judicial Review will normally halt a person’s removal from the UK. The time limits for Judicial review are very strict. At The Migrant Law partnership we have many years experience of Judicial Review and Legal Aid may be available.