Judicial review (JR) is a remedy of last resort. If your immigration application has been refused and you have exhausted all alternative remedies including appeal and review or your application was refused without right to appeal the decision, you can challenge the said decision by bringing an application for permission to judicial review.
What is Judicial Review?
Where and when to lodge a claim?
- Judicial review is only appropriate when there is no alternative adequate remedy.
- An immigration judicial review proceedings may be issued in either the High Court or the Upper Tribunal.
- Claims for Judicial Review must be commenced promptly and within 3 months of the date of the Home Office decision. You should be aware that different time limits may apply, therefore, we recommend early advice.
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Possible grounds for immigration judicial review
The following is a non-exhaustive list of circumstances when judicial review may be an appropriate means to challenge a decision or an act of an authority:
- an unsuccessful administrative review
- unlawful detention
- allocation to the fast-track asylum process
- delay in making a decision/failure to make a decision
- declaration of illegal entry
- certification of a claim as unfounded
- refusal to accept a fresh claim for asylum
- failure to grant permission to work to an asylum seeker
- error in terms and conditions of grant of leave
- decisions by the Upper Tribunal to refuse permission to appeal to itself
- third country removals
How can we help you?
Our expert immigration solicitors can;
- expert advice on merits of case and consider whether alternative options would be more beneficial for you.
- advice on the process and available grounds for bring judicial review claim.
- advice on associated costs and funding options.
- drafting grounds of pre action letter and grounds for applications for permission.
- expert advice as to supporting documentary evidence for your application.
- preparation of Immigration Judicial Review bundles for service on the Court and the Government Legal Department.
- we can issue urgent application where you need urgent relief.
- we can issue out of hours application where an interim remedy is required overnight.
- we can also apply for an interim remedy at the same time as lodging the claim form.