Immigration judicial review
The route of last resort, and the one with the shortest deadlines. It is not a rehearing of your application — it is a challenge to whether the decision was made lawfully.
What it is, and what it is not
Judicial review asks whether a public body acted lawfully, not whether it decided correctly.
That distinction decides most cases. A judge is not substituting their view of your application for the Home Office’s. They are asking whether the decision was within the range of decisions lawfully open to it.
The grounds are correspondingly narrow: illegality — misapplying the law or the policy, or asking the wrong question; procedural unfairness — failing to give an opportunity to respond, or to follow the process owed; irrationality — a decision no reasonable decision-maker could have reached, which is a high threshold; and failure to have regard to relevant considerations, or having regard to irrelevant ones.
“The decision was wrong” is not a ground. “The decision was reached by a process that was not open to them” is.
When it is the right route
The pre-action stage matters more than people expect
Before issuing, you send a pre-action protocol letter setting out the decision challenged, the grounds, and what you want done, with a short period to respond.
A significant proportion of immigration judicial reviews never reach a court because the Home Office reconsiders at this stage. That makes the letter the most valuable document in the process and, for many clients, the point at which the matter resolves — at a fraction of the cost of proceedings.
Deadlines
Judicial review must be brought promptly, and in any event within the time limit that applies — which in immigration matters is shorter than in general public law.
“Promptly” is a separate requirement from the outer limit. A claim brought inside the limit can still be refused permission for delay. There is no safe period of waiting.
Where removal is imminent, urgent applications can be made at very short notice, including out of hours. If that is your position, telephone now.
Costs, honestly
This is the part that should be explained before anything else.
We will give you an honest view of prospects before you commit, including when that view is that a fresh application would achieve the same outcome faster and for less. That advice costs us the instruction and it is the right advice.
What we do
Assess whether there is a genuine public law ground — as opposed to a decision you disagree with. Draft and send the pre-action protocol letter, which frequently resolves matters. Prepare and issue proceedings and instruct counsel where it does not. Act urgently where removal or detention is in issue.
What it costs
Hourly at £400 plus VAT, with an estimate by stage. The pre-action letter can be fixed-fee, and for most clients it is the sensible first commitment — it is where the case is often won and it caps the initial spend.
Court fees and counsel’s fees are additional and set out before they are incurred.
Questions
Questions people ask us
Is judicial review an appeal?
No. An appeal reconsiders the decision; judicial review asks whether it was made lawfully. A judge will not substitute their view of your application for the Home Office’s.
How long do I have?
Short, and you must also act promptly — which is a separate requirement from the outer limit. A claim brought inside the limit can still fail for delay. Take advice immediately.
What does it cost if I lose?
Costs generally follow the event, so you may be ordered to pay the Home Office’s costs as well as your own. This is the single biggest difference from the employment tribunal and it has to be understood before anything is issued.
Will it stop my removal?
Not automatically. Urgent applications can be made, including out of hours, where removal is imminent — but the position depends on the circumstances and speed is everything. Telephone rather than email.
Can I challenge a sponsor licence revocation?
Judicial review is the route, because there is no appeal. The response to the original suspension letter is critical, because the court reviews the decision on the material that was before the decision-maker.
Is there a cheaper option?
Frequently — a fresh application, or a pre-action letter that resolves the matter without proceedings. We will tell you if either applies to you before you commit to litigation.
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