Our Judicial Review Services
Judicial Review is a powerful legal remedy used to challenge unlawful decisions made by public bodies, including the Home Office and UK Visas & Immigration (UKVI). It can be a critical option when no other right of appeal or review is available.
At Visasolve, we are authorised to handle Judicial Review matters under our JRCM licence, and we regularly assist clients in pursuing this route where appropriate. Our goal is always to guide you toward the most effective legal pathway for your individual case.
How Judicial Review Works in UK Immigration Law
A Judicial Review (JR) is a legal challenge brought in the High Court to assess whether a decision made by a public body—such as the Home Office—was lawful. In immigration cases, this option is available when no appeal or administrative review is possible.
Grounds for Judicial Review
Judicial Review claims must be based on one or more of the following grounds:
- Illegality – When a public body has made a decision that breaches a legal requirement or exceeds its powers.
- Irrationality – When the decision is so unreasonable that no reasonable authority would have made it.
- Procedural Impropriety – When there has been a failure to follow fair or legal procedures in the decision-making process.
These grounds must be clearly presented in both the Pre-Action Protocol letter and the Judicial Review claim form.
Timelines and Deadlines
- A Judicial Review claim must be lodged within 3 months of the date of the decision being challenged.
- The pre-action protocol does not pause the 3-month deadline, so prompt action is essential.
- According to Civil Procedure Rules, the claim must be filed “promptly” and no later than 3 months after the decision.
Delays may result in the claim being dismissed, even if you’re within the 3-month period.
The Pre-Action Protocol
Before filing a Judicial Review claim, applicants must first send a Pre-Action Protocol (PAP) letter to the Government Legal Department. This letter outlines the legal basis for the challenge and gives the Home Office a chance to respond or correct the issue before formal proceedings begin. In some cases, this pre-action stage can lead to a resolution without needing to go to court.
What Happens Next
- If the Home Office does not resolve the issue after receiving the PAP letter, the Judicial Review claim form is filed at the High Court.
- The Home Office may choose to defend the case or delay the response.
- If the claim is defended, a High Court judge will review the case and either:
- Allow the claim and rule in the applicant’s favour, or
- Refuse the claim and dismiss the case
Do You Have a Decision Worth Challenging?
If you believe you’ve received an unfair or unlawful immigration decision, we can help you evaluate your options. Our immigration team is highly experienced in Judicial Review cases and can guide you through every stage of the process. Contact us today via phone, email, or enquiry form to discuss your case.
faq
Frequently asked questions
A Judicial Review is a legal challenge brought to the High Court when you believe a decision—typically by the Home Office—is unlawful or procedurally unfair. It focuses on how the decision was made, rather than simply disagreeing with the outcome.
Judicial Review is only available in limited situations where no formal appeal right exists. Our immigration lawyers will review your case and advise whether an appeal or Judicial Review is the more appropriate path.
The “Legacy Programme” is not a clearly defined route and should be approached with caution. Be wary of anyone promising an amnesty. However, overstayers should always explore options to regularise their status—and our team is happy to assist.
Yes. We regularly undertake Judicial Review applications on behalf of clients challenging decisions made by the Home Office or UKVI.
Yes. If your case succeeds, it is often possible to recover some or all of your legal costs. At Visasolve, we pursue cost recovery on behalf of clients in successful Judicial Review claims every year.