Judicial Review
Challenging unlawful Home Office decisions where there is no right of appeal
A way to challenge the decision when there is no appeal.
Not every immigration decision carries a right of appeal. Where the Home Office refuses an application, rejects further submissions or takes enforcement action and there is no appeal available, judicial review may be the only way to challenge the decision.
Judicial review is not a re-examination of the merits of your case. It asks whether the decision was made lawfully: whether the decision-maker applied the law and policy correctly, followed a fair process and reached a decision that was rational on the evidence before them.
Our Judicial Review team advises individuals, families and businesses on whether a decision can be challenged, prepares pre-action correspondence and, where needed, brings claims in the Upper Tribunal and the High Court. Strict time limits apply, so early advice is important.
Our Judicial Review services
Select a service to find out how we can help.
Case Assessment and Merits Advice
Before any challenge is made, we review the decision, the evidence that was submitted and the relevant Immigration Rules and Home Office policy to identify whether there are arguable grounds for judicial review.
Our team assists clients with:
- Reviewing refusal letters and other Home Office decisions
- Identifying errors of law, procedural unfairness or irrational decision-making
- Advising on prospects of success and the risks involved, including costs
- Considering alternative remedies, such as administrative review or a fresh application
- Advising on deadlines and how urgently action needs to be taken
We give clear, honest advice on whether a challenge is likely to succeed and the most effective way forward.
Pre-Action Protocol Letters
In most cases, a formal letter before claim must be sent to the Home Office before judicial review proceedings are issued. A well-prepared letter can lead to a decision being withdrawn or reconsidered without the need for court proceedings.
Our team advises on:
- Drafting detailed pre-action protocol letters
- Setting out the grounds of challenge and the remedy sought
- Requesting relevant documents and information from the Home Office
- Reviewing the Home Office response
- Advising on next steps where the decision is maintained
The Home Office is usually given 14 days to respond, although a shorter period may be appropriate in urgent cases.
Judicial Review Claims
Where the Home Office maintains its decision, we can issue a claim for judicial review in the Upper Tribunal or the High Court, depending on the type of decision being challenged.
Our team assists with:
- Preparing the claim form and detailed grounds
- Preparing witness statements and supporting evidence
- Instructing specialist counsel where appropriate
- Applications for permission, including oral renewal hearings
- Representation through to the final hearing
- Negotiating settlement with the Home Office where possible
Many judicial review claims are resolved by agreement, with the Home Office agreeing to withdraw and reconsider its decision.
Urgent Applications and Injunctions
Some cases require immediate action, such as where removal directions have been set or a client faces imminent removal from the UK.
Our team advises on:
- Urgent judicial review applications
- Applications for interim relief, including injunctions to prevent removal
- Short-notice representations to the Home Office
- Challenges connected with immigration detention
- Coordinating urgent applications with bail and detention advice
We act quickly where time is critical and advise on the steps that can be taken to protect your position.
Decisions We Commonly Challenge
Judicial review can be used to challenge a wide range of immigration decisions where there is no right of appeal, or where the appeal route does not provide an effective remedy.
These include:
- Refusals of further submissions and fresh asylum or human rights claims
- Decisions to certify claims as clearly unfounded
- Visa and leave refusals following administrative review
- Refusals of British citizenship applications
- Sponsor licence suspensions, downgrades and revocations
- Unreasonable delays by the Home Office in deciding applications
- Removal and detention decisions
Each case is assessed carefully to identify the most appropriate form of challenge.
Frequently asked questions
Common questions about judicial review.
If your question is not answered here, our judicial review team will be happy to help.
What is judicial review?
Judicial review is a legal process that allows a court or tribunal to examine whether a decision made by a public body, such as the Home Office, was lawful.
It focuses on how the decision was made rather than simply whether the outcome was right. The court will consider whether the decision-maker acted within their powers, followed a fair process and reached a rational decision.
When can I apply for judicial review of an immigration decision?
Judicial review is generally available where there is no right of appeal against a decision, or where other available remedies have been used and have not resolved the problem.
It is often used to challenge decisions that cannot be appealed, such as many visa refusals following administrative review, refusals of further submissions and refusals of British citizenship.
What are the grounds for judicial review?
The main grounds for judicial review are:
- Illegality, where the decision-maker misunderstood or misapplied the law or policy
- Irrationality, where the decision is one that no reasonable decision-maker could have reached
- Procedural unfairness, where the process followed was unfair
Other grounds, such as a breach of human rights or of a legitimate expectation, may also arise depending on the circumstances.
Is there a time limit for judicial review?
Yes. A claim must be brought promptly and, in any event, within three months of the decision being challenged. A claim brought within three months can still be refused if there has been unnecessary delay.
Sending a pre-action protocol letter does not stop the time limit from running, so it is important to seek advice as soon as possible after receiving a decision.
What is a pre-action protocol letter?
A pre-action protocol letter is a formal letter sent to the Home Office before court proceedings are issued. It explains why the decision is considered unlawful and what the Home Office is being asked to do.
The Home Office is usually given 14 days to respond. In many cases, a well-prepared letter leads to the decision being withdrawn and reconsidered without the need to issue a claim.
Where are immigration judicial reviews heard?
Most immigration judicial review claims are heard by the Upper Tribunal (Immigration and Asylum Chamber). Some claims, such as certain challenges to British citizenship decisions or to the lawfulness of detention, are heard in the Administrative Court of the High Court.
We will advise you on the correct forum for your case.
What is the permission stage?
Judicial review is a two-stage process. The court or tribunal must first grant permission for the claim to proceed, which is usually decided on the papers.
If permission is refused on the papers, it is often possible to ask for the decision to be reconsidered at an oral hearing. If permission is granted, the case proceeds to a full hearing.
What happens if my judicial review is successful?
If a claim succeeds, the most common outcome is that the decision is quashed and the Home Office is required to make a new decision, taking the court's findings into account.
The court will not usually grant the visa or status itself, but a successful challenge can place you in a much stronger position.
Can judicial review stop my removal from the UK?
In some cases, yes. Where there are proper grounds, it may be possible to apply urgently for an injunction preventing removal while a judicial review claim is considered.
Starting a judicial review does not automatically stop removal, so it is vital to seek advice immediately if removal directions have been set.
Is judicial review the same as an appeal?
No. An appeal allows a tribunal to look again at the merits of your case and reach its own decision. Judicial review examines whether the original decision was made lawfully.
Where a right of appeal exists, it should normally be used instead of judicial review.
How much does judicial review cost?
Costs depend on the complexity of the case and the stage at which it is resolved. There is also a risk that, if a claim is unsuccessful, you may be ordered to pay some of the Home Office's legal costs.
We provide clear information about fees and costs risks at the outset, so you can make an informed decision before proceeding.
How can Sindhu & Partners assist with judicial review?
Our Judicial Review team provides specialist advice and representation, including:
- Assessing whether a decision can be challenged
- Drafting pre-action protocol letters
- Issuing and managing judicial review claims
- Urgent applications to prevent removal
- Negotiating reconsideration with the Home Office
We provide clear, strategic advice at every stage, helping clients understand their options and the risks involved.
How do I arrange a consultation regarding judicial review?
If you have received a decision you believe is wrong, or you are facing removal, contact us as soon as possible. Time limits in judicial review are strict.
You can contact us by telephone, email or through our website enquiry form. We will arrange a confidential consultation to discuss your circumstances and the options available.
Received a decision you believe is wrong? Speak to us today.
Our Judicial Review team advises on pre-action letters, judicial review claims and urgent applications to prevent removal. Strict time limits apply, so early advice matters.