Judicial Review in Immigration Cases

When Judicial Review Applies

Judicial review is appropriate in immigration cases involving ILR, citizenship, or other applications when:

• No right of appeal: Some immigration decisions do not carry a right of appeal to the tribunal. In these cases, judicial review may be the only way to challenge the decision.
• After exhausting other remedies: If you have used administrative review and the decision was maintained.
• Unlawful delay: If the Home Office is taking an unreasonably long time to make a decision. See our processing times guide.
• Unlawful detention: If you are being held in immigration detention and believe the detention is unlawful.
• Policy challenges: If the Home Office has applied its own policy incorrectly or the policy itself is unlawful.

Grounds for Judicial Review

A court can find a decision unlawful on three main grounds:

• Illegality: The decision-maker did not have the power to make the decision, or misinterpreted the law.
• Irrationality: The decision was so unreasonable that no reasonable decision-maker could have reached it.
• Procedural unfairness: The decision-maker did not follow proper procedures, such as failing to consider relevant evidence.

The Judicial Review Process

1. Pre-action protocol letter: Before filing, your solicitor sends a formal letter to the Home Office outlining the challenge and giving them an opportunity to reconsider. This is mandatory.
2. Filing the claim: If the Home Office does not resolve the issue, you file a judicial review claim with the Upper Tribunal or High Court.
3. Permission stage: A judge reviews the papers and decides whether the claim has merit and can proceed.
4. Full hearing: If permission is granted, there is a full hearing where both sides present arguments.
5. Judgment: The court issues a decision. If it finds in your favour, it typically quashes the original decision and orders the Home Office to reconsider.