Judicial review of immigration and asylum cases meaning

In this issue: Key developments UK immigration control: how it works Business, investment and non-sponsored employment Long residence and human rights Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Latest Q&As Key developments Future developments—Immigration calendar Our Immigration calendar highlights key upcoming developments for business immigration advisers. Key developments UK immigration control: how it works Labour government’s migration pledges examined The Migration Observatory has refreshed its review of the Labour administration’s migration commitments in light of current figures, highlighting that numerous patterns reflect Conservative‑era measures rather than Labour‑initiated policies. Net migration reached a high of 906,000 in June 2023, then fell by 52% to 431,000 in 2024. This reduction is chiefly attributed to visa curbs brought in by the Conservatives; Labour has kept these in place and set out additional tightening in its Immigration White Paper of May 2025. Its promise to lessen dependence on...

In this issue Key developments UK immigration control: how it works Challenging immigration decisions and enforcement Citizenship applications Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Note that our Immigration calendar outlines the principal forthcoming developments relevant to business immigration advisers. Key developments Conservative Manifesto—key immigration policies The Conservative Party has released its manifesto for the General Election scheduled for 4 July 2024. It presents a series of proposals and measures focused on immigration and asylum that the party intends to introduce or continue should it win the election. This piece provides a concise overview of the main points. See: LNB News 11/06/2024 27. Liberal Democrat Manifesto—key immigration policies The Liberal Democrat Party has published its manifesto for the General Election taking place on 4 July 2024. It sets out a range of announcements and policies concerning immigration and asylum that the Liberal Democrats plan to...

In this issue: Key developments UK immigration control: how it works Sponsored work Long residence, discretion and human rights EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar and Immigration White Paper Note that our Immigration calendar highlights significant upcoming developments for business immigration advisers. Separately, our Practice Note: Immigration White Paper 2025—summary, tracker and resources delivers a refreshed panoramic overview of developments tied to the May 2025 White Paper ‘Restoring control over the immigration system’, including the ‘Earned settlement’ proposals. It condenses the principal planned changes for business immigration practitioners, offers commentary on their possible implications, and follows their implementation on a continuing basis. It also provides links to associated resources. UK immigration control: how it works Home Office calls for evidence on establishment of Independent Appeals Body The...

Judicial review In essence, any administrative ruling about a person’s immigration status or nationality can be contested, on orthodox public law grounds, by way of judicial review when no other remedy is available. Judicial review denotes the mechanism through which judges of the Administrative Court—within the King’s Bench Division of the High Court of Justice—and, from 1 November 2013, the Upper Tribunal (Immigration and Asylum Chamber), determine the legality of public bodies’ acts or omissions, and supervise inferior courts and tribunals. In Council of Civil Service Unions v Minister for the Civil Service, Lord Diplock observed that: ‘Judicial review…provides the means by which judicial control of administrative action is exercised.’ Its role in immigration matters is particularly pronounced, since most decisions no longer carry a right of appeal, leaving judicial review oversight as the sole legal remedy. In O’Reilly v Mackman the process received a warm judicial welcome: Lord Denning called it ‘a lion’, the ‘normal resource in all cases of public law’, to be approached in a ‘wide...

This Practice Note This Practice Note describes the range of routes that have existed to challenge an unfavourable decision made under, or linked to, the EU Settlement Scheme, noting they have not all been available throughout the Scheme’s life, nor at the same time. At different stages, the avenues have included: submitting a new application administrative review appeal judicial review Before the UK’s departure from the EU at 11 pm on 31 January 2020 (‘exit day’), there was no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against any decision connected with the EU Settlement Scheme. An administrative review mechanism did operate for certain decisions under the Immigration Rules, Appendix EU, and for the cancellation of leave granted under that Appendix, but there was no equivalent for family permit decisions made under the Immigration Rules, Appendix EU (Family Permit). Following the implementation of the UK–EU Withdrawal Agreement via the European Union (Withdrawal Agreement) Act 2020, this position...