Immigration Judicial Review (JR)

You can ask for a Judicial Review (JR) if you think the decision made by the Home Office on your UK visa or immigration application was illegal or illogical.

You have the option to submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the legality of a decision made by the Home Office.

If you think you've faced an unfair immigration decision, we at Moeen & Co. Solicitors are here to help.

Our UK immigration judicial review solicitors in Hayes, London help individuals challenge unlawful Home Office decisions through Immigration Judicial Review.

Need help with your immigration judicial review? Contact Moeen & Co. Solicitors at 0203 959 7755 for advice and help with your judicial review application.

Table of Contents

What is immigration judicial review?

Judicial Review is a legal process in which you can apply to the UTIAC for a judicial review to challenge a visa or immigration decision by the Home Office.

You can submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the lawfulness of a decision made by the Home Office.

To understand the Immigration Judicial Review process, grounds, timeline, and costs involved, call our immigration judicial review solicitors at 0203 959 7755.

3 Grounds for immigration judicial review

Illegality, Irrationality, and Procedural Impropriety are the three most common grounds for immigration judicial review.

1. Illegality

This is about unlawful decisions or those not handled by the law properly. For instance, decisions against immigration laws can be challenged under illegality.

2. Irrationality

This ground is used when a decision is so unreasonable that no reasonable authority could ever have come to it. A decision can be challenged on this basis if the decision-making process is flawed. For example, if the individual was not given a fair opportunity to present their case, if relevant evidence was not considered, or if the decision was made without providing adequate reasons.

3. Procedural Impropriety

This ground looks at the unfairness in the decision-making process. It includes things like skipping steps, being unclear, or not letting the person state their case. It can also cover cases of bias or not following fair justice principles.

For a successful judicial review, you must prove illegality, irrationality, or procedural impropriety. These are key points for your case. Our immigration solicitors will ensure you grasp these to build a strong challenge.

What is the process of judicial review in immigration?

The process of judicial review in immigration involves several key steps, which allow individuals to challenge unlawful decisions made by the Home Office (UKVI). Here's an overview of the process:

1. Assessing the Viability of a Judicial Review
2. Pre-Action Protocol
3. Filing a Claim
4. Permission Stage
5. Substantive Hearing
6. Decision and Further Action

1. Assessing the Viability of a Judicial Review

Judicial Review is a complex process and it is highly recommended to get legal advice and assistance from an experienced immigration solicitor.

During the initial consultation, our immigration solicitors will discuss your case in detail and assess the viability of judicial review. This helps to decide if a review is the right move.

2. Pre-Action Protocol

Before filing a judicial review, the applicant must follow the pre-action protocol, which involves sending a formal letter to the Home Office outlining the decision being challenged, the grounds for the challenge, and the remedy sought.

3. Filing a Claim

If the Home Office does not respond satisfactorily or at all, the applicant can proceed by filing a claim for judicial review in the Upper Tribunal (Immigration and Asylum Chamber).

4. Permission Stage

The Court reviews the judicial review application to decide whether to grant permission for a full judicial review hearing. This involves an initial assessment of whether the case has sufficient merit. You must keep to deadlines and share more info if asked.

5. Substantive Hearing

If permission is granted, a substantive hearing is scheduled where both parties present their arguments. Our team of immigration solicitors will be there with you. We'll make sure you understand everything and are ready to speak up.

6. Decision and Further Action

After considering the evidence and arguments, the judge delivers a decision. If the judge finds in favour of the applicant, the Home Office's decision might change. If not, you could have more legal choices. Moeen & Co. will help you plan your next steps based on the court's decision.

This process might be long and tricky. But with Moeen & Co.'s help, you'll be all right. We help you confidently go through it. They make sure your case is well presented and your rights stay protected. Call them at 0203 959 7755 to start getting the help you need for your judicial review.

What are the key stages in the judicial review application process?

In immigration cases, the process of judicial review typically involves three key stages, each of which is important to the overall proceedings.

1. Pre-Action Protocol
2. Application for Permission
3. The Substantive Judicial Review Hearing

Stage 1: Pre-Action Protocol

Before the submission of the judicial review application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC), the claimant must send a formal pre-action letter to the respondent (Home Office). This letter outlines the grounds for the challenge, the facts of the case, and the remedy sought.

Stage 2: Application for Permission

If permission is refused and the issue is not resolved during the pre-action protocol stage, then the next step is to formally apply for permission to proceed with a judicial review.

Stage 3: The Substantive Judicial Review Hearing

If permission is granted, the case moves to a full substantive hearing where both parties present their arguments in detail. The judge then makes a decision.

Judicial review application form

You should use the UTIAC1 application form to apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review. You must send this form and documents using the HM Courts and Tribunals E-Filing service.

What is the time limit for judicial review in immigration?

The time limit for initiating judicial review proceedings in immigration cases is usually within three months from the date of the decision being challenged.

How long does judicial review take in the UK?

On average, in UK immigration cases, the Judicial Review process usually takes 2-6 months. However, it may take longer depending on how complicated the case is and the court's timetable.

How much does a judicial review cost in the UK?

Seeking legal representation for your immigration judicial review

Getting through the process of an immigration judicial review is tough. It's often wiser to have legal experts at your side. At Moeen & Co. Solicitors, we're experts in immigration law. We have lots of experience with judicial reviews.

Our team at Moeen & Co. is here to help. We focus on giving complete legal support to those facing Home Office decisions. We know the ins and outs of immigration reviews. We'll help you build a strong case for a better chance of success.

Working with us means you get advice and plans made just for you. We'll be with you at every step to make sure all paperwork is right and on time.

Contact us for immigration judicial review assistance

If you need legal advice or assistance with your judicial review application, you can contact our team of immigration solicitors in Hayes, London by calling 0203 959 7755. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.

FAQs: Immigration Judicial Review