Every OISC organisation authorised to carry out this work will be able to produce their certificate which will clearly show that they are permitted to practise in the category of JRCM in immigration and/or asylum.
If you are considering instructing an OISC adviser to make a Judicial Review application on your behalf, you must firstly make sure that they are permitted to do this kind of work. In the event an application is successful, it is usually possible to recover the costs spent on pursuing the Judicial Review. The work involves making an application to challenge a decision of the Home Office on the grounds that it is unreasonable, that there have been procedural irregularities in making the decision, or that the decision may even have been illegal and subsequently instructing a barrister to appear on your behalf at the Judicial Review proceedings.
However, certain qualified immigration law practitioners, including OISC advisers who are registered at Level Three in the category of Judicial Review Casework Management (JRCM), can manage the entire process although they will need to instruct a barrister or solicitor advocate, to lodge your application and appear on your behalf at the Judicial Review Proceedings. 0.1 The role of an OISC adviserĮvery Level Three registered OISC adviser has the ability to initiate the early stages of the Judicial Review process, called the pre-action protocol letter. Judicial Review may nevertheless seem appealing to someone who feels they have nothing left to lose but submitting a Judicial Review application when there are no grounds for doing so can result in the application being classified by a judge as Totally Without Merit, which can have serious implications for the individual, both in terms of the application being heard by a judge, as well as financially. An application for Judicial Review may also not result in leave to remain being extended while it is being considered. Making an application for Judicial Review does not always mean that the Home Office cannot remove an individual from the UK if they do not currently have leave to remain. The right to Judicial Review arises also against decisions of the Upper Tribunal to refuse leave to appeal, though a higher threshold operates in those instances. Where an immigration decision does not carry with it a right of appeal or administrative review, or where these options have already been exhausted, an applicant may be able to challenge a Home Office decision by way of Judicial Review. Used correctly, it can be very effective. This is a process by which the actions and decisions of government can be challenged and reviewed by the courts. Immigration clients may be aware of a procedure in law called Judicial Review.
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