UK Visa Judicial Review
Challenging Unlawful Home Office Decisions Through Judicial Review
Judicial review is a legal remedy of last resort when the Home Office has made an unlawful, irrational, or procedurally unfair decision in your immigration case. Our specialist judicial review solicitors guide you through this complex High Court process to hold decision-makers accountable and secure your UK immigration rights.
Contact us today: 0203 909 8399 | Book a Consultation
What Is Judicial Review?
Judicial review is a legal challenge to the way a decision has been made by a public body, rather than the outcome of the decision itself. In immigration contexts, it examines whether the Home Office has:
- Acted outside its legal powers (illegality)
- Made an irrational or unreasonable decision (irrationality)
- Failed to follow proper procedures (procedural unfairness)
- Breached human rights obligations
Unlike appeals, judicial review does not reassess the merits of your case but scrutinizes the lawfulness of the decision-making process itself.
When Is Judicial Review Appropriate?
Judicial review is suitable when:
- No right of appeal exists for your immigration decision
- Appeal rights have been exhausted
- The Home Office has refused to consider fresh evidence
- There has been an unreasonable delay in deciding your case
- Removal directions have been set unlawfully
- Detention is potentially unlawful
- Certificates of fee waiver have been wrongly refused
Time Limits: Applications must typically be filed within 3 months of the decision, though in immigration cases, this is often reduced to just 14 days. Prompt legal advice is therefore essential.
The Judicial Review Process
Pre-Action Protocol
- Letter Before Claim sent to the Home Office
- 14-day response window for the Home Office
- Potential early resolution without court proceedings
Permission Stage
- Application for permission to proceed
- Paper consideration by a judge
- Permission granted or refused
- Potential renewal at oral hearing if refused
Substantive Hearing
- Full hearing before a High Court judge
- Legal arguments from both sides
- Evidence examination
- Judgment delivery (may be reserved)
Remedies Available
- Quashing Order: nullifies the unlawful decision
- Mandatory Order: requires the Home Office to take action
- Prohibiting Order: prevents unlawful action
- Declaration: clarifies the legal position
- Damages: compensation (in limited circumstances)
Costs and Timeframes
- Court fees: £154 (application) + £770 (if granted permission)
- Legal representation costs: [Fee structure available on request]
- Potential for costs recovery if successful
- Total timeframe: 6-12 months to final hearing
- Urgent interim relief available in removal/detention cases
Our Judicial Review Expertise
We offer comprehensive judicial review services including:
- Case assessment and merits evaluation
- Pre-action protocol compliance
- Permission application preparation
- Substantive hearing representation
- Strategic approach to complex cases
- Emergency applications for interim relief
Judicial Review Success Stories
Our judicial review team has successfully challenged:
- Refusals to consider fresh asylum claims
- Unreasonable delays in decision-making
- Unlawful removal directions
- Improper certification of human rights claims
- Procedurally unfair interview processes
- Irrational refusals of long residence applications
Is Judicial Review Right For Your Case?
Judicial review is a complex and costly procedure that should be pursued only when appropriate. We provide honest, realistic advice about:
- Alternative remedies available
- Prospects of success
- Cost-benefit analysis
- Strategic timing considerations
- Evidence requirements
Next Steps
If you believe your immigration case requires judicial review, contact our specialist solicitors for a comprehensive assessment. We’ll evaluate the merits of your potential claim and advise on the most effective strategy to protect your UK immigration status.
Call 0203 909 8399 or
Book Online for expert judicial review advice.
Frequently Asked Questions
How is judicial review different from an appeal?
Appeals challenge the substance of a decision on its merits, while judicial review examines whether the decision-making process was lawful, rational, and procedurally fair.
Can judicial review change the Home Office’s decision?
Judicial review typically results in the decision being quashed and returned to the Home Office for reconsideration, rather than the court imposing a new decision.
What are the success rates for immigration judicial reviews?
Success rates vary significantly based on case circumstances. Only around 30-40% of applications receive permission to proceed, highlighting the importance of expert legal representation.
Does judicial review stop removal from the UK?
Filing for judicial review doesn’t automatically prevent removal. However, we can apply for urgent interim relief to pause removal while proceedings continue.
How much evidence is required for judicial review?
Evidence requirements focus on procedural failures rather than personal circumstances. Key documents include decision letters, previous applications, and correspondence with the Home Office.
Can I apply for judicial review myself?
While possible, self-representation is extremely challenging due to complex procedural rules and legal principles. Professional representation significantly increases chances of success.