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Introduction to UK immigration law and becoming an immigration advisor
Introduction to UK immigration law and becoming an immigration advisor

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4.2 Public law

Laws can also be classified into public and private law. Public law involves the State or Government in some way. There are three main types of laws that fall into this category – click on the headings below to see the definition of each one:

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Actions for Judicial Review are common in immigration law, as immigration decisions are nearly always made by a public body (Government departments, such as the Home Office, are public bodies). These fall under the classification of administrative law and in allowed circumstances Judicial Review work may only be undertaken by immigration advisers authorised by the OISC (Office of the Immigration Services Commissioner) in the category JRCM (Judicial Review Case Management).

Immigration law can fall under many classifications

Many of the rules and regulation fall under civil law, but there are also criminal offences associated with breaches of immigration law.

Depending on the facts, a case involving immigration law could be heard in a specialist immigration tribunal, or a civil or criminal court.

Immigration law can fall under public law, such as a Judicial Review on decisions to permit entry or refuse leave to remain by an immigration officer. It also may fall under criminal law due to the many criminal offences it creates.