A judicial review is a legal procedure in the UK that allows you to challenge an immigration decision made by the Home Office or a court. It’s not about arguing whether the decision itself was right or wrong, but rather whether the decision-making process was lawful and fair.

Grounds for judicial review of an Immigration decision

You can apply for a judicial review if you believe the Home Office or court decision was:

• Illegal – the decision-maker didn’t have the legal authority to make it.
• Procedurally unfair – the process leading to the decision was flawed, denying you a fair chance.
• Irrational – the decision was so unreasonable that no logical person could have reached it.

You usually have a strict timeframe (often 14 days) to apply for a judicial review after receiving the decision.

The application process:

1. Gather evidence: This could include documents related to the original decision, proof of the alleged flaws, and any supporting legal arguments.
2. Apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC): You’ll need to submit a detailed application form outlining the grounds for your challenge.
3. Permission stage: A judge will first decide if your case has merit and grant permission to proceed with a full hearing.
4. Hearing (if granted): If permission is granted, your case will be heard before a judge who will decide whether the original decision should be quashed (overturned).

Risk factors and alternatives

• Judicial reviews can be expensive. There’s a £770 court fee, and lawyer fees will apply.
• Success is not guaranteed. A well-presented case with strong legal grounds increases your chances.
• Alternative options – depending on the situation, appealing the original decision might be a possibility and more suitable route. A legal appeal is a full hearing of your case in the First-Tier Tribunal before a judge. If granted, the judge may overrule the initial decision or request that the Home Office reconsider their decision.

Our judicial review solicitors and immigration appeal solicitors can help you navigate your case efficiently and effectively to avoid such delays. Contact us today to find out further on how we can help you.