Immigration Judicial Review UK

Judicial review is the process for challenging a Home Office or Upper Tribunal decision in court where there is no right of appeal. It does not ask the court to decide whether the decision was right — it asks whether the decision was lawful: whether the decision-maker followed its own policy, took account of the right things, gave adequate reasons, and reached a conclusion open to it on the evidence. A claim must be brought promptly, and in any event within three months of the decision. This limit cannot be extended by agreement between the parties. We act for individuals and for businesses, on fixed fees agreed in writing before we start.

When the Home Office has made an unlawful decision and every other remedy is exhausted, judicial review is your last avenue — a high-stakes public law procedure with a strict three-month deadline that demands specialist legal representation from the day you receive that refusal.

The clock is already running. The deadline is calculated from the date of the decision — not the date you received it. Call NA Law Solicitors now: 0203 524 5439 or email admin@nalawsolicitors.co.uk.

Start with a written merits assessment

Most firms offer a consultation. We offer a written merits assessment: a document you keep, addressed to you, that tells you whether a judicial review claim is worth bringing before you commit to bringing one.

What you receive

• Our view on whether the decision is arguably unlawful, and on which specific grounds.
• The exact deadline that applies to your case, calculated from the decision date, with the date written down.
• Whether an alternative remedy — administrative review, an appeal, a fresh application, a pre-action letter — is likely to be quicker, cheaper or more likely to succeed. Sometimes the answer is that you should not bring a judicial review, and we will say so.
• Where a claim is worth bringing: what it will cost, in stages, and what your exposure to the other side’s costs would be if it fails.

What it costs: a fixed fee, quoted before we start, which depends on the volume of documents and how urgent the deadline is. If you go on to instruct us for the claim itself, the assessment fee is credited against the first stage.

Call 0203 524 5439 or email admin@nalawsolicitors.co.uk with the decision letter and its date.

What happens in the first week

Where removal is imminent, this timetable compresses into hours rather than days. See our page on urgent judicial review to stop removal.

Will my judicial review succeed?

We cannot tell you that before reading the decision, and any firm that does should be treated with caution. What we can tell you is how we assess it, and what the downside is.

Judicial review is a two-stage process. A judge first decides on the papers whether your claim is arguable — this is the permission stage, and a substantial proportion of immigration judicial review claims do not get past it. Only claims granted permission proceed to a substantive hearing.

If your claim fails, you can be ordered to pay the Home Office’s legal costs as well as your own. Costs are assessed on the standard basis and a costs order should generally be complied with within 14 days. This is the single most important commercial fact about judicial review and it is why we do not encourage weak claims. We decline a meaningful proportion of the judicial review enquiries we receive, and we would rather tell you that at the assessment stage than after you have spent money on a claim.

What Is Judicial Review?

Judicial review (JR) is a public law challenge before the Upper Tribunal or the High Court. The court does not reconsider the merits of your immigration application or substitute its own decision. It asks one narrower, more demanding question: was the Home Office decision lawful, rational and procedurally fair? If not, the court can quash the decision and require it to be retaken lawfully — a fundamentally different remedy from an appeal, requiring a fundamentally different legal approach.

When Is Judicial Review Appropriate?

A challenge to a Home Office decision by judicial review may be appropriate where:

• There is no right of appeal — for example, certain leave to remain refusals or human rights claims certified as clearly unfounded.
• The decision is irrational — no reasonable decision-maker could have reached that conclusion on the evidence (Wednesbury unreasonableness).
• The Home Office acted procedurally unfairly — failing to put adverse evidence to you or breaching the rules of natural justice.
• The decision was ultra vires — taken without lawful authority, in breach of statute, the Immigration Rules or published policy.

JR is a remedy of last resort. If an in-country right of appeal exists and has not been exercised, the Tribunal will not entertain a JR claim.

The Three-Month Deadline — Days Matter

A judicial review claim must be filed promptly and in any event within three months of the date of the Home Office decision — calculated from the date on the letter, not the date you received it. Late applications are routinely refused. The court demands a compelling reason for delay, and a late application that fails at permission may also attract a costs order. Do not wait.

The Permission Stage

Every judicial review claim must first clear the permission stage, at which a judge assesses whether the claim is arguable. This is not a formality — unrepresented claimants fail here in the large majority of cases. A poorly argued permission application can result in a costs order against you before the full claim is even heard. Arguability means there is a proper legal basis for the challenge, articulated with precision and anchored to the correct legal tests — which requires specialist public law expertise.

Grounds of Challenge in Immigration JR

In immigration judicial review, the principal grounds include:

• Irrationality (Wednesbury unreasonableness) — the decision is so unreasonable that no reasonable authority could have made it.
• Procedural unfairness — the Home Office failed to follow a fair process or ignored the rules of natural justice.
• Failure to consider relevant matters — the decision-maker disregarded evidence, ignored published policy, or relied on irrelevant considerations.
• Legitimate expectation — a clear Home Office representation was made and relied upon, then departed from without justification.
• Proportionality under Article 8 ECHR — where a human rights decision is involved, the court examines whether the interference with private or family life is proportionate.

Grounds must be pleaded with precision, tied to the specific failings in the decision, and supported by the relevant case law. Dissatisfaction with an outcome is not a ground.

The Pre-Action Protocol Letter

Before proceedings are issued, you must in almost all cases send a pre-action protocol (PAP) letter to the Home Office, setting out the decision challenged, the grounds, and the remedy sought. The Home Office has 14 days to respond. A well-drafted PAP letter can produce a result without litigation — the Home Office may concede or agree to reconsider. Where it refuses, the letter becomes the foundation of the claim.

Urgent Injunctions and Stays of Removal

Where removal is imminent, an urgent application to stay removal can be made to the Tribunal pending the JR claim. This separate emergency procedure must sometimes be commenced within hours. A stay is not automatic — the court weighs whether the claim is arguable and whether the balance of convenience favours suspension. Evidence must be filed immediately and procedural steps followed precisely. There is no substitute for specialist representation in these situations.

Costs and Legal Aid

Judicial review is not free. If permission is refused, the Home Office will seek its costs. A failed substantive hearing almost always produces a costs order. Legal aid is severely restricted and available only through providers with a legal aid contract and subject to strict financial eligibility. Where it is unavailable, we advise clearly on costs before any work begins. Proceeding unrepresented to save money is a false economy: a failed permission application with a costs order against you is far worse than a properly assessed case that does not proceed.

Outcomes of a Successful Judicial Review

Where a claim succeeds, the court may grant a quashing order — setting aside the unlawful decision and requiring it to be retaken lawfully — a mandatory order compelling the Home Office to act, or a declaration of unlawfulness. Winning a JR does not automatically mean leave is granted. It means the decision must be remade correctly — and in many cases, that changes the outcome decisively.

How NA Law Solicitors Handles Judicial Review

NA Law Solicitors is an SRA-regulated firm with direct experience challenging Home Office decisions by judicial review. We assess every case individually and advise honestly on prospects — an unmeritorious JR claim is a risk you should not take. Our service covers:

• Initial assessment — reviewing the decision and correspondence to identify arguable grounds and advise on prospects.
• Pre-action protocol letter — drafted to the highest standard before proceedings are issued.
• Grounds of claim — legally precise, tied to the specific failings in the decision.
• Permission application — the full bundle: claim form, statement of facts, grounds, and evidence.
• Full hearing representation — advocacy and preparation at the substantive hearing.
• Urgent injunctions — emergency stays of removal where time is critical.

The Three-Month Judicial Review Deadline Is Already Running

If you have received a Home Office refusal with no right of appeal, every day you wait reduces your options. The three-month deadline does not pause. Contact NA Law Solicitors today for a confidential assessment. We will advise you clearly on the grounds, the risks, and the process — before time runs out.
Call us: 0203 524 5439
Email us: admin@nalawsolicitors.co.uk
Website: nalawsolicitors.co.uk
NA Law Solicitors is regulated by the Solicitors Regulation Authority (SRA).

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For advice on your circumstances, call 0203 524 5439 or email admin@nalawsolicitors.co.uk.
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