Understanding Judicial Review in Immigration
Judicial review is a legal process that allows individuals to challenge the decisions or omissions of public bodies in the High Court if they believe such actions are unconstitutional or illegal. It serves as a key mechanism to ensure that decisions made by government authorities comply with legal and procedural fairness.
Who Can Apply for Judicial Review?
A person may apply for judicial review if they believe a decision by a public authority—such as a government minister, statutory tribunal, local council, semi-state body, or a District or Circuit Court—has violated their rights. Judicial review is often the only legal remedy available if no other appeal process is specified under the law governing the body in question.
What Does the Court Examine?
The High Court does not assess whether the decision itself was right or wrong. Instead, it examines:
- Whether the decision-making process was lawful and fair
- Whether all relevant factors were considered
- Whether there was any fraud, bad faith, or deceit
- Whether the public body had the legal authority to make the decision
Judicial review is not an appeal, meaning the court does not substitute its own opinion for that of the public body.
How to Initiate Judicial Review Proceedings
To start judicial review proceedings, an application must be made to the High Court for leave (permission) to challenge the decision. This application is made without notifying the decision-making body and must:
- Clearly outline the legal and factual basis for the challenge
- Fully disclose all relevant facts
- Be filed promptly, within the prescribed time limits, unless the court grants an extension for valid reasons
What Happens After Leave is Granted?
If the High Court grants leave for judicial review, the case is formally served on the relevant public body, which is then given an opportunity to respond. The case is generally decided based on written evidence, with no oral testimony required.
If the judicial review is successful, the decision in question is set aside, meaning it is no longer legally valid.