Immigration Judicial Review UK Guide 2025

If the Home Office or an immigration tribunal has made a decision that feels unfair, unlawful, or deeply flawed and you’ve run out of other legal options you may be able to challenge it through an immigration judicial review. This guide breaks down what that means, how it works, and when it might be the right step for you.

Whether you’re facing deportation, detention, or a refused visa with no appeal rights, knowing your legal options matters. And acting quickly is crucial.

What Is an Immigration Judicial Review UK?

An immigration judicial review is a type of court case where a judge looks at whether the Home Office (or a tribunal) followed the law when making a decision. It’s not about whether you agree with the outcome. It’s about whether the process was carried out properly.

Judicial review is a remedy of last resort. You should only consider it when there’s no right of appeal, and you’ve already tried other steps like an administrative review.

Unlike an appeal, a judicial review doesn’t involve a full hearing on the facts. Instead, a judge focuses on whether the decision maker acted legally, fairly, and reasonably.

When Can You Use Judicial Review in Immigration Cases?

You might consider judicial review if:

• The Home Office refused your visa or immigration application and you’ve got no right to appeal.
• You tried administrative review, but it didn’t resolve the issue.
• Your asylum or human rights claim was certified as “clearly unfounded”.
• You submitted further evidence, and the Home Office dismissed it without treating it as a fresh claim.
• You’re facing detention or removal and believe it’s unlawful.

In these situations, judicial review may be the only legal avenue left.

Common Situations That Lead to Immigration Judicial Review

Here are a few examples where judicial review may be appropriate:

• A visa refusal with no appeal rights and no way to resolve it through administrative review.
• The Home Office certified your human rights claim as clearly unfounded.
• You tried to submit new evidence, but it was rejected outright.
• You’ve lost at the First-tier Tribunal and can’t get permission to appeal to the Upper Tribunal.
• You’re being detained and believe it’s unlawful.
• You’ve been told you’ll be removed from the UK, possibly on short notice.

What Are the Grounds for Judicial Review?

To succeed with judicial review, you must show that the decision was unlawful based on at least one of the following:

• Illegality: The Home Office didn’t have the legal power to make the decision it made.
• Procedural unfairness: The process was flawed or didn’t follow fair procedures.
• Irrationality: The decision was so unreasonable that no sensible person could have made it.
• Human Rights breach: The decision went against your rights under the Human Rights Act 1998.

How to Apply for Immigration Judicial Review

Judicial review is a legal process with several steps. Here’s how it usually works.

Step 1: Pre-Action Protocol (PAP) Letter

Before starting proceedings, you should send a Pre-Action Protocol Letter (often called a “Letter Before Claim”) to the Home Office. This letter outlines why you believe the decision is unlawful and gives the Home Office a chance to fix it without going to court.

They normally have 14 days to respond. Sometimes, the issue gets resolved at this stage, saving time and legal costs.

It’s a vital part of the process and in most cases, it’s best written by an immigration solicitor with experience in judicial review cases.

Step 2: Submitting the Judicial Review Application

If the Home Office doesn’t change its decision, the next step is to apply to the Upper Tribunal for permission to apply for judicial review. You’ll need to submit:

• A completed application form
• Legal grounds explaining why the decision is unlawful
• A bundle of relevant evidence and documents

Time limits matter:

• 3 months from the Home Office decision (for most cases)
• 1 month from receiving written reasons from the tribunal (if challenging a tribunal decision)

Don’t delay even the PAP stage doesn’t extend these deadlines.

Step 3: Getting Permission to Proceed

A judge will first decide whether your case is “arguable”. This usually happens on the papers (without a hearing). If permission is granted, the case moves forward.

If permission is refused, you may still be able to ask for an oral hearing to renew your application unless it’s been marked as “totally without merit”.

Step 4: Full Judicial Review Hearing

If your case reaches a full hearing, both sides (you and the Home Office) will present legal arguments in front of a judge. This is where the court will fully consider whether the decision was unlawful.

Hearings can take months to be scheduled sometimes up to a year. But in urgent situations, such as detention or imminent removal, things may move faster.

Immigration Status During Judicial Review

Judicial review doesn’t automatically extend your immigration status. In most cases, Section 3C leave (which protects your status while an appeal is ongoing) won’t apply.

This means you could technically become an overstayer during the process which is why legal advice is so important.

If you’re facing removal during judicial review proceedings, it may be possible to apply for an injunction to stop it. But these are urgent and time sensitive matters.

Judicial Review Costs and Processing Times

Judicial review can be expensive but not always.

Typical court fees include:

• £174 to submit the application
• Learn more about the cost here

If you’re on a low income, you might be eligible for help with court fees.

Legal fees can vary depending on how far your case goes and whether legal aid is available. Solicitors may offer fixed fees for parts of the process, such as drafting the PAP letter.

Processing timeframes vary:

• You might get a response to a PAP letter in 14 days
• If the case reaches a full hearing, it could take 12 months or more

What Happens If You Win or Lose?

If your judicial review claim is successful, the judge won’t usually replace the Home Office’s decision. Instead, they’ll “quash” it which means the Home Office must reconsider it properly.

The judge might also:

• Order the Home Office to act within a timeframe
• Prevent the Home Office from taking a certain action (like removal)
• Declare what the law is in your case

If you lose, you might be ordered to pay the Home Office’s legal costs unless you had legal aid. But if you win, the Home Office may have to pay yours.

Alternatives to Immigration Judicial Review

Judicial review isn’t always the right route. In fact, it only applies when no other option is available.

Here are other possible remedies:

• Appeal to the First-tier Tribunal: if the Home Office says you have appeal rights
• Appeal to the Upper Tribunal: if you’re challenging a decision made at the First-tier Tribunal
• Administrative Review: if there was a caseworking error in the Home Office’s decision

If you’re not sure what applies in your case, it’s best to get advice from an immigration solicitor who can guide you.

Get Legal Help with Immigration Judicial Review

Judicial review is complex, time sensitive and risky but it can be the right option when other paths are blocked. If your immigration case has reached a dead end, don’t give up. Legal advice can make all the difference.

Speak to a solicitor today Call 01614644140 or book an online appointment

We’re here to help if you’re facing:

• Visa refusals with no appeal
• Detention or removal
• Failed administrative reviews
• Urgent judicial review decisions

Immigration Judicial Review FAQs

What’s the difference between administrative review and judicial review?

Administrative review is done by the Home Office, checking for errors. Judicial review is done by a judge and focuses on whether the decision was lawful.

Can I be removed from the UK during a judicial review?

Yes, unless you’ve been granted permission and the Home Office agrees to defer removal or you apply for an injunction.

How long does the process take?

It varies. A quick PAP response might take two weeks. A full hearing could take 12 months or more.

What’s a Pre-Action Protocol Letter?

It’s a formal letter to the Home Office before starting judicial review. It gives them a chance to reconsider the decision.

What happens if I lose?

You may have to pay the Home Office’s legal costs, unless you had legal aid. You might still be able to appeal to the Court of Appeal.

Need Help Now?

If your immigration decision feels wrong and you’ve run out of appeal options you might still have legal remedies. Let us help you challenge it the right way.

Call Solicitors in Manchester on 0161 464 4140 or book an online appointment