UK Immigration Judicial Review

If you wish to challenge the lawfulness of a decision or action taken by the Home Office or the Immigration Tribunal, and have exhausted all alternative remedies, our immigration judicial review lawyers can advise and represent you in the judicial review process.

This page covers the nature of immigration judicial review, common claims, potential grounds for judicial review, time limits, the application process, and associated fees and costs.

What is Immigration Judicial Review?

Immigration judicial review is a legal process where a judge reviews the lawfulness of a decision made by the Home Office or the Immigration Tribunal.

In judicial review, the judge assesses the process followed to reach the decision, not the decision's substance (whether the decision was right or wrong). It's about challenging the process rather than the outcome.

• Judicial review is a remedy of last resort – you must have exhausted all other complaint or appeal options first.
• You will not be notified by the Home Office about your right to challenge a decision through judicial review.
• Judicial review can be costly, risky, and complex; legal advice from a specialist is highly recommended.

Is Judicial Review the Right Process?

Judicial review is not always the best option. Here are some alternatives:

• Appeals: If you believe a Home Office immigration decision is wrong (not unlawful), you may be able to appeal to the First-tier Tribunal.
• If the decision is incorrect, the judge may overrule it or send it back to the Home Office for reconsideration.
• Appeals to the Upper Tribunal: If you’re challenging a decision of the First-tier Tribunal, you may appeal to the Upper Tribunal instead of applying for judicial review.
• Administrative Review: If you don’t have an appeal right, you might challenge the decision internally through the Administrative Review, which is an internal Home Office review, not requiring an oral hearing.

Examples of Immigration Judicial Review Claims

Common reasons for pursuing judicial review:

• Refused immigration applications, with no right of appeal, and an unsatisfactory Administrative Review outcome.
• Asylum or human rights claims certified as clearly unfounded, with no right of appeal.
• Rejected further submissions that don’t qualify as a fresh claim, with no appeal rights.
• Dismissed First-tier Tribunal appeal with a refused permission to appeal to the Upper Tribunal.
• Challenging the lawfulness of detention.
• Challenging an imminent removal or deportation.

Grounds for Judicial Review in Immigration Cases

You may have grounds for judicial review based on the following:

1. Illegality: The decision-maker lacked the legal power to make the decision.
2. Procedural Unfairness: The decision-making process was improper.
3. Irrationality: The decision is so unreasonable that no reasonable person could have made it.
4. Human Rights: The decision violates human rights as protected by the Human Rights Act 1998.

Time Limits for Judicial Review in Immigration Cases

• Home Office decisions: Applications must be made within 3 months of the decision.
• First-tier Tribunal decisions: Applications must be made within 1 month of the written reasons for the decision being sent.

These time limits are strict, and judicial review applications should be made promptly once it's clear the case is suitable for review. Legal advice from a specialist is highly recommended.

How to Apply for Judicial Review in an Immigration Case

The judicial review process involves several stages:

1. Pre-Action Protocol Letter: A formal letter outlining the reasons why the decision should be reconsidered, sent to the Home Office before applying for judicial review.
2. Issue Judicial Review Proceedings: If the Home Office does not overturn its decision after receiving the Pre-Action Protocol Letter, a formal application for judicial review can be lodged with the Upper Tribunal or, in certain cases, the Administrative Court.
3. Permission to Apply for Judicial Review: The Upper Tribunal will assess whether your case has merit. If permission is granted, the Home Office may reconsider its decision, or it may defend its decision at a full hearing.
4. Full Judicial Review Hearing: If your case proceeds to a full hearing, both parties will present their arguments, and the judge will decide if the Home Office acted unlawfully. This process can take several months to over a year, depending on the case.

Fees for Judicial Review Proceedings

• Initial application fee: £154.
• Fee for oral hearing request (refusal of permission): £385.
• Full judicial review hearing fee: £770 (reduced to £385 if a previous fee was paid for reconsideration).

If you’re on a low income, you may qualify for a fee reduction.

What Happens If My Claim Is Successful?

What Happens If My Claim Is Not Successful?

If your claim is unsuccessful, it may be possible to appeal to theCourt of Appeal. Legal advice should be sought if considering such an appeal.

Costs in Judicial Review Proceedings

• The general rule is that the losing party pays the costs of the successful party.
• If you win, the Home Office may be ordered to cover your legal costs.

Immigration Status During Judicial Review

A judicial review does not extend your immigration status. If you are facing removal, judicial review alone will not stop it, although you may apply for an injunction in some cases.