What is a UTIAC1 Form?

Form UTIAC1 is used in the context of the Upper Tribunal Immigration and Asylum Chamber (UTIAC) to apply for a judicial review. This form is essential when an individual or their representative wishes to challenge a decision related to immigration or asylum that they believe is unlawful.

The UTIAC1 form is the initial document used in the application for judicial review of an immigration or asylum decision. This is a formal legal challenge where the applicant asks the tribunal to review the lawfulness of a decision made by a public body, such as the Home Office.

The form must be completed and submitted within specific time limits after the decision being challenged has been made.

Making an application for Judicial Review

The process of making an application for judicial review in the Upper Tribunal Immigration and Asylum Chamber (UTIAC) involves several key steps:

Grounds for Judicial Review

Before applying, you must have legitimate grounds for judicial review. These grounds typically include alleging a decision was illegal, irrational, unfair or disproportionate:

• Illegality: The decision was not made in accordance with the law.
• Irrationality: The decision was so unreasonable that no reasonable authority would have made it.
• Procedural Unfairness: The process followed by the decision-maker was unfair or biased.
• Proportionality: Particularly relevant in human rights cases, where the decision is not proportionate to the aim pursued.

Pre-Action Protocol

Before filing a judicial review, with the help of your immigration solicitors, you should usually send a “Letter Before Claim” to the decision-maker. This letter should outline your intention to apply for judicial review and giving them an opportunity to respond. This is part of the Pre-Action Protocol and is intended to resolve the matter without needing to go to court.

Filing the UTIAC1 Form

Using the initial application UTIAC1 form, you will need to provide detailed information, including:

• The decision being challenged.
• The grounds for your challenge.
• The facts and evidence supporting your case.

Submit the completed UTIAC1 form to the Upper Tribunal. This can be done electronically via the CE-File system or by post to the appropriate UTIAC office.

Pay the Application Fee

Along with the form, you must pay the application fee. The fee for the initial application is currently £169 (at the time of writing in 2024). If the initial application is successful, an additional fee of £847 will be required (Court fees are regularly reviewed and may change over time).

Serving the Respondents

Within 9 calendar days of submitting your application, you must serve sealed copies of the application (stamped by the tribunal) on all respondents (e.g., the Home Office). You must also submit a UTIAC2 form (Statement of Service) to confirm that this has been done.

Acknowledgment of Service

The respondents have 21 days to file an Acknowledgment of Service (UTIAC3 form), outlining their position and whether they oppose the judicial review.  This is akin to the Defence in civil proceedings, and the Acknowledgement of Service will contain significantly more information than in civil proceedings.

Permission Stage

A judge will review the application and the respondents’ acknowledgment to decide whether to grant permission for the judicial review to proceed. The judge may:

• Grant permission.
• Refuse permission (possibly with a finding that the application is “totally without merit”).
• Request an oral hearing to decide on permission.

Substantive Hearing

If permission is granted, the case proceeds to a substantive hearing. You may need to submit further evidence and prepare legal arguments. At this stage, the additional fee of £847 is required.

Final Decision and Costs

The tribunal will issue a decision after the hearing. If the application is successful, the tribunal may quash the decision and order the public body to reconsider it. Costs may be awarded in your favor if you win.

If you lose, you may be ordered to pay the legal costs of the respondents.

Appeals

If the judicial review is unsuccessful, you may have the option to appeal the decision to the Court of Appeal, but this requires permission and incurs additional costs.

Legal Costs Related to UTIAC1

Once a Judicial Review claim is issued, your legal costs can be recovered from the other side if you are successful in the litigation.  There are a number of costs that are likely to be incurred at each stage of the judicial review process. In addition to the costs of legal representation, a number of court fees will need to be paid.

As mentioned previously, there is an application fee associated with submitting a judicial review request using the UTIAC1 form. This fee must be paid when submitting the form.

If the tribunal grants permission for the judicial review to proceed, an additional fee is also required to continue the case to a full hearing. Failure to pay these fees may result in the case being struck out.

If the application is unsuccessful and the case is considered without merit, the applicant may be ordered to pay the legal costs of the respondent (typically a government body such as the Home Office).

If the judicial review proceeds to a full hearing and the applicant loses, they could also be liable for further costs, including those associated with the respondent’s legal representation.

Applicants may be eligible for legal aid to cover these costs, depending on their financial situation and the merits of their case. Legal aid can help with the cost of preparing the UTIAC1 form and the subsequent legal proceedings.

How Can ARC Costs Assist?

ARC Costs are a an independent team of expert Costs Draftsmen and Costs Lawyers dealing with both receiving party and paying party costs. We can also assist solicitors in the recovery of legal aid costs in publicly funded cases.

Our expertise ranges from advising on prospects of obtaining a costs order, and preparing submissions (our settling witness statements in support), to preparing Bills of Costs for assessment, or drafting Points of Dispute and Points of Reply, and providing representation at any detailed assessment hearing if any settlement agreements cannot be reached. 

Should you require any assistance or would like to discuss your query, please contact us on 01204 397302, or have one of our costs experts contact you directly by emailing info@arccosts.co.uk.