Immigration Judicial Review: Grounds, Process and Deadlines
Judicial review is how you challenge a Home Office decision that was made unlawfully. It is not an appeal. The court looks at how the decision was reached, not whether it was right. It is a remedy of last resort, available when no appeal or administrative review exists, or once those have been exhausted.
What is immigration judicial review?
- This is a remedy of last resort. If you have a right of appeal or an administrative review, you have to use it first.
- Most cases settle at the pre-action stage. Court is the exception, not the expectation.
On what grounds can you bring a claim?
Illegality
The decision maker got the law wrong, or acted beyond their powers.
Irrationality
The decision was one no reasonable decision maker could have reached on the evidence.
Procedural unfairness
The right process was not followed, or you were not given a fair chance to respond.
Human rights
The decision breaches the Human Rights Act 1998, usually involving proportionality.
Is judicial review the right route?
Judicial review may be right if:
- You have no right of appeal and no administrative review available
- You have used those routes and they did not resolve it
- The problem is how the decision was made, not what the evidence showed
- Your sponsor licence has been revoked, where there is no right of appeal
- You are inside the deadline, or can explain the delay
It is probably not right if:
- You have a right of appeal you have not used
- You simply disagree with the outcome and want it looked at again
- Your case turns on new evidence rather than a legal error
- The deadline has passed with no good reason for the delay
How long do you have to bring a claim?
How does judicial review work?
What can the court order?
A quashing order
The decision is set aside as unlawful and must be retaken.
A mandatory order
The Home Office is required to do something.
A prohibiting order
The Home Office is stopped from doing something.
Damages or restitution
Available, though rare in immigration cases.
Costs
A successful claim often results in costs being awarded against the Home Office.
A declaration
The court states the legal position, which can settle the point for future decisions.
What does it cost, and what is the risk?
| COMPONENT | COST |
|---|---|
| AY&J Solicitors fees (pre-action protocol letter and full claim) | Quoted case by case, subject to complexity. |
| Court fees and counsel | Quoted separately and not published here. Barrister fees vary with complexity, and court fees can increase. |
Which one applies to you?
Sponsor licence revoked
No right of appeal exists. A pre-action protocol letter is the route.
ILR refused over tax discrepancies
ILR tax deceptionUpper Tribunal refused permission to appeal
16 days, not three months. Take advice today.
An honest view on merits
We will not advise a claim with little prospect of success. Losing means paying the Home Office costs.
Settlement first
Most cases resolve at pre-action stage. That is faster and far cheaper than court.
Counsel when needed
If the claim proceeds, we instruct experienced immigration counsel.
A judicial review we won
“They are the great service provider. Ms. Dipannita Mazumder has applied for my visa and in a first instance I got my visa. 110% recommended. Very kind and helpful staff.”
“I had an excellent experience with Ms. Ikra throughout the entire application process. She was highly professional, responsive, and attentive to detail. All of my questions were answered clearly and promptly, and I always felt that my application was handled with great care and professionalism. I’m very pleased with the successful outcome and would highly recommend their services.”
“AY & J team is always very knowledgeable & supportive. They go out of the way to satisfy and assure curious customers like me. I like their professional approach and reassuring attitude. I worked with them twice in last couple of years with smooth & successful result. I highly recommend them for any VISA & HOME Office related work.”
“AY&J Solicitors took us through the entire sponsor licence and intra-company transfer process smoothly. We secured our licence in record time and brought our technical specialist to the UK without delay. Their service was personal, knowledgeable, and highly responsive.”
"This is the second time AY&J has helped us with a visa application. Words cannot express our gratitude for all her help and professionalism."
“Professional and comprehensive service that was faultless. The attention to detail and the guidance provided in completing the spouse visa application and the required documentation were perfect. My consultant lawyer was extremely helpful and was always accessible to answer any questions I had at any time. I would highly recommend the service.”
“Yash and his team were exceptionally motivated, and they gave us honest legal advice throughout. They worked tirelessly to get our sponsor licence duties back in line with UKVI requirements. Our licence was reinstated as a result. We would recommend AY&J to anybody looking for high-quality legal advice.”
“My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them. It may be a very simple query or a very complex case; you can trust them.”
“I had an excellent experience with A Y & J Solicitors for my dependent visa application. The whole process was handled very professionally and efficiently.”
“After our ILR rejection, AY&J pursued our case through Administrative Review and Judicial Review. The team was open, honest, knowledgeable and attentive to every detail. They kept us informed at every stage, supported us throughout an extremely difficult journey and helped us regain confidence in our case.”
“They handled my citizenship application from start to finish, and the whole process was smooth, professional and reassuring. Right from the first consultation.”
“My Tier 2 General case was extremely complex. My previous visa had expired. My Administrative Review was refused. My wife and I had lost the right to work. AY&J handled the case carefully and in detail. This resulted in my Tier 2 visa being approved within ten days.”
“Fantastic experience with our Global Business Mobility visa application. The team at AY&J guided us through every step and ensured our senior manager transfer went smoothly. Professional, knowledgeable, and responsive throughout.”
“Even after a rejection of my Initial Application, they managed to overturn the decision in Administrative Review with very strong arguments.”
AY&J Solicitors have helped me navigate the red tape that post-Brexit has caused. They've given me a much better understanding of how the new points-based immigration system works. I would like to personally recommend AY&J solicitors over other law firms, as past experience with clients has clearly shown the level of service that was provided. The firm has given clear guidance from the get-go and followed my instructions to the letter. From obtaining a Sponsorship License to welcoming new employees into the UK, this firm truly does it all. The clear and frequent communications between myself and the firm solicitors have only made things run smoothly, not to mention the reasonable pricing.
“I had just set up a new company called Calibrant. I had a particular person that I wanted to hire and he was already in the UK but he needed a new sponsorship from an employer. AY&J Solicitors took me through two parts of the process. The first part was how to achieve a sponsor license. We were able to do that successfully within record time. The service was personal, personable, and very helpful. I wouldn't hesitate to recommend them and I'll use them again for the next time.
"l have become used to AY&J Solicitors just delivering. When we have somebody we want to join our team, I expect them to tell us exactly what needs to happen for that person to join, and they execute it. I quite like having a partner who I can have such high expectations of because they always deliver."
"Before coming to AY&J Solicitors, I made three major mistakes on my Entrepreneur visa application that could have completely ruined my status in the UK. Other famous law firms wanted £50,000 just to look at my case. When I met Yash and Anna, their clear logical thinking, expertise, and reasonable pricing stood out immediately. They worked with me like a true team, resolved every issue, and saved both my UK and Chinese businesses."
"AY&J Solicitors assisted in guiding us to all the correct channels for setting up the business and took care of the fine print. I found them to be most responsive on a personal level, which gave me and my family immense trust over our
10-month journey. Every step of their guidance was precise, and I strongly recommend them for a guaranteed, life-changing advantage!"
"I was in a position where I had literally just a couple of months to turn everything around.
Atter doing research online, I came across AY&J Solicitors' YouTube videos, and right from initial contact, I knew I was in capable hands.
They guided me step-by-step, answered my gazillion questions, and helped me secure a sponsor licence and my Skilled Worker visa in record time. Their customer service really sets them apart!"
"Working with AY&J Solicitors turned what felt like a complex visa journey into a true victory. Their legal team guided me step-by-step through every intricate detail of the Skilled Worker visa, sponsorship, and settlement process. Thanks to their meticulous approach and deep UK immigration expertise, I was able to secure Indefinite Leave to Remain (ILR) and build a successful future in the UK."
"In my industry, getting a visa sponsorship is almost non-existent-it's been a thorn in my side for years. AY&J Solicitors came up with the solution: self-sponsorship through my own business. They've been nothing but helpful, guiding me every step of the way to ensure I'm fully compliant. I'm genuinely impressed by how they find solutions to any problem and help you reach your dream career."
“I never thought I could find a visa route. I had been told by every solicitor under the sun that there just wasn’t an avenue for somebody who is self-employed such as myself as a small business owner—so I had given up on it for several years. Then I was connected to Yash and his crew at AY&J Solicitors, and here I am! We set up a UK Ltd company, successfully secured a sponsor licence, and sponsored my visa.”
Frequently Asked Questions
No. An appeal challenges whether the decision was right. Judicial review asks whether it was made lawfully. The court will not substitute its own decision.
Most immigration judicial reviews go to the Upper Tribunal. Sponsor licence challenges go to the Administrative Court.
Yes. Judicial review is a remedy of last resort. If you have a right of appeal or an administrative review, you must use it.
Promptly, and in any event within three months of the decision. Three months is a backstop, not a target.
Yes. One month for challenges to a First-tier Tribunal decision, from the written reasons. Sixteen days for challenging an Upper Tribunal refusal of permission to appeal.
No. If you are approaching the limit, proceedings should be issued to protect your position even if the pre-action stage is unfinished.
A pre-action protocol letter setting out where the decision went wrong in law. The Home Office is normally given 14 days to respond. Most cases resolve here.
The original decision stands, and you may be ordered to pay the Home Office costs. That is why merits are assessed before anything is filed.
Sometimes, to the Court of Appeal, and only where there is a realistic prospect of success. The deadline is short and depends on the stage reached, so take advice immediately.
The decision is quashed and returns to the Home Office to be taken again, lawfully. It is not an automatic grant.
Yes, provided they follow a lawful process this time. In practice, a quashed decision plus fresh evidence often produces a different outcome.
A successful claim often results in costs being awarded against the Home Office, though not automatically and not always in full.
Send us the decision
