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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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Constitutional law controls how the Parliament and Government operates, and is used to resolve any disputes over constitutional matters; for example, who is entitled to vote.

Administrative law controls how Ministers of State and public bodies should operate and make decisions. An important part of administrative law is a court action known as a Judicial Review, which allows a court to consider whether a decision of a public body (or refusal to make a decision) is reasonable. If the evidence suggests that the decision was not reasonable, the court can order the public body to review its decision. (Note that it cannot overturn the decision; it can only order that the decision be reviewed.)

You have already explored the meaning of criminal law, which also comes under public law because it involves State-set rules and State prosecutions. Criminal law is part of public law, because a crime is regarded as an action against society and the State as a whole.

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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.