Judicial Review

Judicial Review

Judicial review is a powerful legal remedy that allows individuals to challenge the lawfulness of decisions made by public bodies—including the Home Office. If you believe a decision relating to your immigration or asylum application is unfair or unlawful, you may be able to pursue a judicial review to seek redress.

At Push Legal Services, our experienced immigration lawyers provide expert advice and representation to individuals looking to challenge immigration decisions through judicial review. If you’re considering this route, our legal team is here to support you every step of the way.

📞 Call us today on 0333 0124 253 for personalised legal advice.

What is Judicial Review?

Judicial review is a legal process that allows the courts to assess whether a public body has acted lawfully in making a decision. In immigration cases, this can include decisions by the Home Office regarding visa refusals, asylum claims, human rights applications, and more.

Key distinction: Judicial review is not about whether the decision was “right” or “wrong” in terms of facts. Instead, it focuses on whether the correct legal procedure was followed and whether the decision was lawful, fair, and rational.

Who Can Apply for Judicial Review?

To apply, you must have a “sufficient interest” in the matter—this typically means you are directly affected by the decision.

Time Limit

Applications for judicial review must be made within 3 months from the date when the grounds for the claim first arose.

Grounds for Judicial Review

There are three main grounds on which you can base a judicial review application:

1
Illegality
The decision-maker acted outside their legal powers.
2
Procedural Unfairness
The process followed was unfair or biased.
3
Irrationality
The decision was so unreasonable that no reasonable authority could have made it.

Identifying the correct grounds and building a strong case can be complex—this is why expert legal advice is vital.

The Judicial Review Process

1
Stage 1: Pre-Action Protocol
Before formally applying, the claimant must:
1. Send a “Letter Before Claim” to the Home Office outlining the complaint and desired resolution.
2. Allow the Home Office time (usually 14 days) to respond.
3. Explore alternative dispute resolution (ADR) options.
⚠️ Failure to follow the pre-action protocol can result in your case being dismissed or sanctions imposed.
2
Stage 2: Permission Stage
If the response to your letter is unsatisfactory:
- Submit an application for permission to the High Court or Upper Tribunal (Immigration and Asylum Chamber).
- Include legal grounds, evidence, and supporting documents.
- A judge will assess whether the case should proceed.
3
Stage 3: Substantive Hearing
If permission is granted:
- Both parties present their case in court.
- The judge will decide whether the public body acted unlawfully.
- Remedies may include quashing the decision, requiring the body to reconsider, or preventing enforcement of the decision.

The Hearing: Submitting a Skeleton Argument

A skeleton argument must be submitted at least 21 days before the hearing. It should include:

Legal points and case summary.
Timeline of events.
List of key documents and supporting evidence.

Effective preparation can significantly improve your chances of success, and legal representation is highly recommended.

Urgent Judicial Review Applications

In certain urgent cases—such as imminent removal from the UK—you may apply for an expedited judicial review using Form N463. In these circumstances:

You are not expected to follow the full pre-action protocol.
You must still notify the defendant of your intention to file.

Urgent reviews are treated as a priority and can result in rapid court decisions, including interim relief or injunctions.

Which Courts Handle Immigration Judicial Reviews?

Depending on the nature of the decision, judicial reviews may be handled by:

The High Court
The Upper Tribunal (Immigration and Asylum Chamber)
The Administrative Court
The Court of Appeal

At Push Legal Services, we can advise on the appropriate jurisdiction and assist you with preparing and submitting your claim to the correct court.

How Push Legal Services Can Help

Our team of expert immigration lawyers offers a comprehensive Appeal and Judicial Review Package which includes:

Full case review and advice
Preparation and submission of pre-action correspondence
Drafting and filing court documents
Representation at permission and substantive hearings
Preparation of evidence bundles and skeleton arguments
Ongoing communication with the courts and public bodies

We are committed to helping you pursue a strong, well-prepared claim and maximise your chances of a successful outcome.

Need Help? Contact Us

Navigating judicial review can be complex and time-sensitive. Don’t go through it alone.
📞 Call 0333 0124 253
📧 Email: enquiries@pushlegalservices.co.uk
🌐 Visit: www.pushlegalservices.co.uk

Frequently Asked Questions

What UK courts or tribunals handle immigration judicial review applications?
Navigating the complex legal processes involved in a judicial review can be challenging, especially in immigration cases. Whether you need to file a judicial review application in the Upper Tribunal, the Administrative Court, the High Court, or the Court of Appeal, having the guidance and support of experienced immigration lawyers is invaluable.

Our team at IAS is well-versed in immigration judicial reviews and can provide you with legal representation, expert advice, and the necessary support throughout the process. We work to maximize your chances of a successful judicial review by helping you present a strong case and ensuring all legal requirements are met.

If you are considering a judicial review or have questions about your specific case, don't hesitate to reach out to our knowledgeable immigration lawyers. You can contact us at 0333 0124 253 for personalised assistance and legal guidance tailored to your circumstances.
Urgent application for UK visa judicial review?
Urgent situations in immigration and asylum cases often require immediate action to protect your rights and legal status. If you are facing removal from the UK or need an interim order to address an urgent matter, you can make an urgent application for judicial review using Form N463.

In urgent cases, you are not expected to follow the standard pre-action protocol. However, it's still essential to inform the defendant (usually the Home Office or relevant public body) of your intent to make a claim. Urgent cases receive expedited processing, and you may be able to obtain a swift decision from a judge without going through the usual stages of a judicial review.

It's crucial to seek legal advice promptly in urgent immigration situations, and our team at the Immigration Advice Service is here to assist you. If you believe your case requires urgent consideration, or if you have any questions about your circumstances, please contact us at 0333 30124 253 for immediate guidance and support.
How can PLS help with your Immigration Judicial Review application?
Navigating judicial review cases and the associated legal processes, particularly in immigration matters, can be extremely challenging. Therefore, it is highly advisable to seek the assistance of a legal professional who specialises in immigration judicial review claims.

Our team of experienced immigration lawyers is well-versed in the complexities of the UK's immigration and appeal systems, and we can provide comprehensive support throughout your judicial review claim. We offer an Appeal Package designed to manage the entire process on your behalf.

With our Appeal Package, one of our specialist immigration lawyers will:

1. Gather detailed instructions about your situation.
2. Explain how the appeal requirements of the UK Immigration Rules apply to your case.
3. Provide you with in-depth advice on the merits of appealing against the refusal.
4. Complete and submit all necessary appeal forms to professional standards.
5. Compile a comprehensive document bundle for the court, presenting the details and merits of your appeal in a structured manner.
6. Expertly represent you at the full hearing before the tribunal.
7. Maintain communication with the appellate authorities throughout the duration of your appeal.

If you are considering a judicial review in your immigration case or have been faced with a refusal, our immigration lawyers are here to provide expert guidance and support. To learn more about our Appeal Package and how we can assist you with your judicial review claim, please contact us at 0333 0124 253. We are here to help you navigate the process and maximise your chances of success.

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