Immigration Judicial Review: Grounds, Process and Deadlines
Recognised and regulated
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.
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- Your sponsor licence has been revoked, where there is no right of appeal at all
- 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?
| Situation | Deadline |
|---|---|
| Most Home Office decisions | Promptly, and in any event within three months of the decision |
| First-tier Tribunal decisions | One month from the written reasons |
| Upper Tribunal refusal of permission to appeal | 16 days, under CPR 54.7A(3) |
| Promptness | Three months is a backstop, not a target. Claims brought inside three months have failed on delay |
| Does the pre-action letter pause it | No. The clock runs throughout |
| Can the Home Office agree an extension | No. Only the court can extend, and it rarely does |
| If you are close to the limit | Issue proceedings to protect your position, even if the pre-action stage is unfinished |
On what grounds can you bring a claim?
The classic three, set out by Lord Diplock in the GCHQ case, plus human rights. You need at least one.
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.
Our Process
The AY&J Process
01
Discovery
Fifteen minutes with our client team to check for issues
Screening conversation, not legal advice
Eligibility assessment
We read the refusal and confirm you have a right of appeal.
You receive
A quick standing check
02
Consult
Solicitor-led case assessment
Immigration options mapped
Initial risk identification
We confirm your ground, appeal or JR, and protect your 3C leave.
You receive
Written next steps and a document schedule with dates
03
Caseworking
Application preparation
Evidence bundle assembled
Legal representations drafted
We draft the grounds and build the bundle and skeleton argument.
You receive
A complete appeal bundle
04
Assure & Submit
Senior associate review and evidence-gap check
Legal-risk review
Submission and correspondence
Proactive monitoring
Updates on schedule
We serve the bundle and represent you at the hearing.
You receive
A pre-submission assessment call
05
After Care
Decision explained
Immediate next steps
Future immigration roadmap
We explain the outcome and advise on any onward appeal.
You receive
An outcome letter and forward plan
This diagram describes our working method and is not legal advice. Outcomes depend on individual circumstances and on Home Office decision-making.
What can the court order?
The court cannot substitute its own decision for the Home Office one. What it can do is set the decision aside and require it to be taken again, lawfully.
| Order | What it means |
|---|---|
| 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?
Why work with AY&J Solicitors?
In our clients' own words.
“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.”
“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.”
Frequently Asked Questions
Judicial review basics
A court challenge to whether a public body decision was lawful. It tests how the decision was made, not whether it was the right one. The court cannot remake it.
Judicial review basics
No. Judicial review looks at the material that was before the decision-maker. If your case needs new evidence, a fresh application is the route.
Judicial review basics
Most Home Office immigration decisions, including visa refusals, ILR refusals, sponsor licence action, and detention. We have specific pages for the common ones.
Deadlines and first steps
A mandatory letter to the Home Office before you file. It sets out the decision, why it was unlawful, and the remedy sought. There is no fee, and the Home Office has 14 days to reply.
Deadlines and first steps
Often enough to try first. Around 30% of cases settle at this stage across the market. We resolve about 70% of ours here, without a hearing.
Outcomes and costs
We apply to the Upper Tribunal for permission. A judge reviews the papers and decides whether the claim can proceed.
Outcomes and costs
You can usually request an oral renewal hearing, where you argue for permission in person. Many claims that fail on paper succeed at renewal.
Outcomes and costs
A pre-action letter is a fixed fee, with no court fee. A full claim adds court fees and the cost of the permission and hearing stages, which we quote before filing.
Outcomes and costs
It depends entirely on the ground and the decision. We give you a candid view at the outset, because a weak claim is refused at permission and wastes money.
Outcomes and costs
Very rarely for immigration judicial review. The exceptional funding criteria are strict and seldom met, so most claims are privately funded.
Outcomes and costs
Often, yes. Where the problem is a fixable gap rather than an unlawful decision, a fresh application is usually faster. It is less costly too. We tell you when it is the better route.
Deadlines and first steps
That you must act quickly once the problem is clear. A claim can be refused for delay even within the three months if you sat on it.
Deadlines and first steps
If you applied in time, Section 3C leave may keep your status while an in-time application or challenge is pending. Leaving the UK can end that protection.
Deadlines and first steps
A judicial review does not automatically prevent removal. Urgent cases can seek an injunction, and we act immediately where removal is imminent.
Deadlines and first steps
As soon as you have the decision. The deadline is tight, the pre-action letter takes time, and delay itself can sink a claim.
Outcomes and costs
A successful claim often results in costs being awarded against the Home Office, though not automatically and not always in full.
Outcomes and costs
Yes, provided they follow a lawful process this time. In practice, a quashed decision plus fresh evidence often produces a different outcome.
Outcomes and costs
The decision is quashed and returns to the Home Office to be taken again, lawfully. It is not an automatic grant.
Outcomes and costs
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.
Outcomes and costs
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.
Deadlines and first steps
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.
Deadlines and first steps
No. If you are approaching the limit, proceedings should be issued to protect your position even if the pre-action stage is unfinished.
Deadlines and first steps
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.
Deadlines and first steps
Promptly, and in any event within three months of the decision. Three months is a backstop, not a target.
Judicial review basics
Yes. Judicial review is a remedy of last resort. If you have a right of appeal or an administrative review, you must use it.
Judicial review basics
Most immigration judicial reviews go to the Upper Tribunal. Sponsor licence challenges go to the Administrative Court.
Judicial review basics
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.
Send us the decision
