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Latest News for Immigration to the UK (United Kingdom)

◄ Latest Immigration News

09 January 2009
Policy change on certain judicial reviews
A new policy on handling legal challenges to UK Border Agency removing people from the United Kingdom (judicial review challenges) will come into effect on 30 January. This will help establish a swif
This will affect the cases of people who make another application for judicial review (JR) within three months of a judge refusing permission on a previous JR application, particularly where the first claim has been found to be clearly without merit or where a case has been withdrawn or otherwise concluded.



Under our current policy, They automatically stop work on removing that person from the United Kingdom while the new application is going through the courts. From 30 January They will no longer automatically suspend removal, particularly where the first claim has been found to be clearly without merit.



It will only affect cases where the claimant has raised:



the same or virtually identical grounds; or

grounds that could reasonably have been raised previously at the judicial review.

In these circumstances They are unlikely to suspend removal on receipt of a judicial review challenge.



People affected by this policy will need to obtain an injunction to prevent removal taking place, and They will ensure they are told they need to do this.



The revised policy aims to deter claims that are designed simply to disrupt the removal process and to ensure that claimants do not benefit in any way by lodging a weak claim.
 

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