Tuesday 30 April 2013

UK will limit immigrants' right to challenge immigration decisions


Chris Grayling, the UK's Lord Chancellor, (as the justice minister is called in the UK) has announced changes to the justice system which will limit the right of people to use the courts to challenge decisions made by the UK immigration authorities. The changes are due to come into force this summer and will bar some people from bringing 'judicial review' (JR) against immigration decisions and increase the costs of doing so.

Mr Grayling says that immigration solicitors have been using JR as 'a cheap delaying tactic' and he is therefore determined to limit its use. 77% of JRs are brought in immigration cases.

JR is a legal proceeding whereby someone who believes that a public body (such as the Home Office) has made an unlawful or incorrect decision can apply to the UK's High Court for a ruling that the decision was wrong in law. The court can order the public body to reconsider its decision and to pay damages.

Mr Grayling and officials at the UK's Ministry of Justice are concerned that the number of JR applications has been rising in recent years. There were 6,692 applications in 2007 and 11,359 in 2011. Of those made in 2011, 8,734 were against immigration decisions.

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