If your UK visa, leave to remain, or Sponsor Licence has been refused or revoked, and all other options have been exhausted, judicial review could be your last chance to challenge the decision. Since 2013, the right to appeal under the Points-Based System has been limited, making judicial review a critical tool for addressing immigration decisions.
What Is Judicial Review?
A judicial review is a legal process where a court reviews the decision of a public body, such as the UK Home Office, to make sure it is fair and legal. It is used when you believe the Home Office has made a mistake or acted wrongly in your immigration case.
However, before applying for judicial review, you must first try all other legal options.
When Can You Request a Judicial Review?
You can only apply for judicial review if you can show that the Home Office decision was:
- Illegal – the Home Office acted outside its legal powers or broke the law.
- Irrational – the decision was unreasonable or illogical.
- Disproportionate – the decision was more extreme than needed to achieve the intended purpose.
- Procedurally unfair – the decision-making process was unfair or biased.
Key Points About Judicial Review:
- Judicial review is a specialized and complex process.
- You need an experienced solicitor to guide you through the rules and legal requirements.
- You must be directly affected by the decision to apply for judicial review.
- You must act quickly – you generally have just three months from the decision to apply.
- The process can take a year or more to resolve.
- You need a strong case; delays or mistakes in your application can hurt your chances.
Steps to Take for a Judicial Review
- Send a Formal Letter: The first step is to send a formal letter to the Home Office outlining your case and evidence. A solicitor can help you prepare this letter, and it will typically request a reply within 14 days.
- Apply for Permission: If the Home Office doesn’t respond or resolve the issue, you can apply for permission to start a judicial review. This is a critical step where all your arguments, evidence, and witness statements are presented. Your solicitor will help prepare this application.
- Home Office Response: The Home Office has 14 days to file their response to your application.
- Court Decision: A judge will review your case and decide if a judicial review is justified.
- Full Defence: If the judge approves the review, the Home Office has 35 days to submit a full defense.
- Hearing: The judicial review hearing is formal. While you can attend, your solicitor will present your case and evidence to the judge.
- Judgment: After the hearing, the judge will issue a decision, usually within a few weeks, although complex cases can take longer.
- Appeal: If you or the Home Office disagree with the decision, you can request an appeal to the Court of Appeal.
- Costs: The losing party may be ordered to pay the legal costs of the review.
What Remedies Are Available After a Judicial Review?
If your judicial review is successful, the court can order several remedies, including:
- A mandatory order – requiring the Home Office to do something.
- A prohibiting order – stopping the Home Office from doing something.
- A quashing order – canceling the original decision and restoring the situation to what it was before.
- An injunction – temporarily stopping the Home Office from acting on its decision.
- Damages – in some cases, the court may allow a claim for damages.
How Law and Visas Can Help With Judicial Review
At Law and Visas, we specialize in helping individuals and businesses with judicial review cases. Our experienced team can assess your situation, gather the necessary evidence, and guide you through the entire judicial review process.
While most of our cases are resolved before reaching the court, we are fully prepared to represent you in court if necessary. If your judicial review is unsuccessful, we will work with you to explore other ways to resolve your immigration issue, such as reapplying for your visa, making an appeal on human rights grounds, or negotiating with the Home Office.
If you’re considering a judicial review for your immigration case, contact Law and Visas today for expert legal support.
