Judicial Review (JR) Against Home Office (UKVI)

If you have received an immigration decision from the Home Office that you believe is unjust or unlawful, Judicial Review offers a legal pathway to challenge that decision. You can challenge the refusal of a UK visa by Judicial Review (JR) if you do not have the right to file an appeal against the UK visa refusal.

Do you need help with your Judicial Review (JR)? Contact our immigration solicitors by calling 0208 616 5535 or filling out our online contact form. We are here to guide you every step of the way.

Table of Contents

What is Judicial Review (JR)?

Judicial Review is a process by which the courts oversee the decisions made by the Home Office UKVI. It ensures that these decisions are lawful, reasonable, and procedurally fair. Judicial Review does not re-evaluate the merits of the decision but focuses on the legality and fairness of the process.

What are the grounds for judicial review of immigration?

If you believe that a decision related to your immigration status is unjust, you may seek JR on several specific grounds.

Illegality

Illegality occurs when the Home Office acts beyond its legal powers (ultra vires). This can include:

• Misinterpretation of Law: Applying the wrong legal principles or misinterpreting the law.
• Acting Beyond Authority: Deciding without legal authority or exceeding the powers granted by law.
• Failure to Consider Relevant Factors: Ignoring factors that should have been considered according to the law.

Procedural Unfairness

Procedural Unfairness arises when the process leading to the decision is flawed. Examples include:

• Bias: The decision-maker had a personal interest or bias in the case.
• Lack of Fair Hearing: Failing to provide an opportunity to present your case or respond to evidence.
• Breach of Natural Justice: Not adhering to principles of natural justice, such as impartiality and fair process.
• Failure to Follow Procedures: Not following established procedures or guidelines.

Irrationality

Irrationality (or Wednesbury unreasonableness) refers to decisions that are so unreasonable that no reasonable authority would have made them. This includes:

• Extreme Unreasonableness: Decisions that defy logic or accepted moral standards.
• Arbitrary Decisions: Making decisions without any logical basis or by disregarding crucial evidence.

Process of judicial review in immigration

Here is a detailed overview of the steps involved in the Judicial Review process for immigration matters in the UK:

1. Pre-Action Protocol (PAP)

• Letter Before Claim: The process begins with the claimant sending a Letter Before Claim to the Home Office. This letter outlines the decision being challenged, the legal grounds for the challenge, and the desired outcome. The claimant typically allows 14 days for a response.
• Response from Home Office: The Home Office responds to the letter, addressing the points raised and providing any relevant documentation or explanation.

2. Filing the Judicial Review Application

• Drafting the Claim: If the issue is not resolved through the PAP, the claimant drafts the JR application, including a detailed statement of facts, grounds for the review, and supporting evidence.
• Filing the Application: The application is filed with the Upper Tribunal (Immigration and Asylum Chamber) or the High Court. The filing must occur within 3 months of the decision being challenged.

3. Permission Stage

• Initial Review: The court reviews the application to determine if there is an arguable case. This is known as the "permission stage."
• Granting Permission: If the court finds that there is an arguable case, it grants permission for a full hearing. If permission is refused, the claimant can request an oral renewal hearing to argue for permission.

4. The Full Hearing

• Preparation: Both parties prepare their cases, gathering evidence, and legal arguments. The claimant and the Home Office submit detailed statements and any additional evidence.
• Court Hearing: During the full hearing, both parties present their cases to the judge. The court focuses on the legality and procedural fairness of the decision, rather than re-evaluating the facts of the case.
• Judgment: The judge issues a ruling based on the arguments and evidence presented. The judgment may be given on the same day or reserved for a later date.

Pre-Action Protocol (PAP) for judicial review

The Pre-Action Protocol (PAP) for Judicial Review is an essential step in the Judicial Review process. It is designed to encourage the resolution of disputes without the need for court proceedings and to ensure that all parties are given a fair opportunity to address issues before a Judicial Review claim is filed.

The claimant (the person challenging the decision) must send a Letter Before Claim to the Home Office (UKVI). This letter should outline:

• The decision is being challenged.
• The legal and factual basis for the challenge.
• The issues in dispute.
• The specific remedy sought (e.g., reversal of a decision, reconsideration).
• A request for a response within a reasonable time frame (usually 14 days).

What is the time limit for judicial review in immigration?

Judicial Review against Home Office UKVI to challenge the refusal of a UK visa and immigration application must be filed within 3 months of the date of decision which is being challenged by way of Judicial Review (JR).

Where you are challenging an immigration decision involving an Administrative Review (AR) against the original refusal decision of the Home Office UKVI, the time limit of 3 months will start from the date of the Administrative Review (AR) decision and not the original refusal decision of the UK visa and immigration application.

How we can help

Our team of experienced immigration lawyers can guide you through each step of the Judicial Review process, from the initial pre-action protocol to the final hearing and beyond. We provide:

• Expert Advice: Clear guidance on the merits of your case and the likelihood of success.
• Preparation and Filing: Assistance with drafting and filing all necessary documents.
• Representation: Skilled representation at all stages of the JR process.

Contact us today to discuss your case and explore how we can help you challenge an adverse immigration decision through Judicial Review.

How to contact us?

FAQs: Judicial Review (JR)