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Judicial review applications have continued to fall in first half of 2021: Ministry of Justice

The number of judicial review applications received in the first half of 2021 was – at 1,200 – down 16% on the same period in 2020, government data has revealed.

This follows a 16% fall in 2020, when there were 2,800 applications, compared to 2019 (3,400).

The National Statistics Civil Justice Statistics Quarterly: April to June 2021 said that of the 1,200 applications received so far in 2021, 430 were civil immigration and asylum applications, 720 were civil (other), and 64 were criminal, down 21%, down 13% and down 22% respectively on the same period of 2020. 25 of the civil immigration and asylum cases have since been transferred to the UTIAC.

Of the 1,200 applications received so far, 34% had already closed, and 48 were found to be ‘Totally Without Merit’ (11% of cases that reached the permission stage). The quarterly also revealed that:

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  • 150 cases were granted permission to proceed and 280 were refused at the permission stage. However, 24 of the cases refused at permission stage went on to be granted permission at the renewal stage.
  • 170 of the 2021 cases have been assessed to be eligible for a final hearing and of these, 18 have since been heard.

The Home Office was the department/body with the largest number of judicial review applications lodged against them, with 350 applications. Of these, 46 were granted permission to proceed to final hearing (13% of applications) to date.

The second largest recipient of judicial review cases were local authorities, with 300 cases received, of which to date 86 have been granted permission to proceed to final hearing (29% of applications).

The third largest recipient was Ministry of Justice, having 260 applications lodged against it. Of these, 13 were granted permission to proceed to final hearing (5% of applications) to date.

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