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Immigration Judicial Review: How The Procedure Works

A Judicial Review is a type of legal action brought in the High Court. It is specifically used to challenge the decision of a public body (such as the Home Office) before the courts. A judicial review can be used in area of law, but in Immigration Law, a special procedure applies.

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Our Judicial Review Services

Judicial Review remains an important option for Immigration Lawyers against immigration decisions made by the Home Office or UKVI. Westkin Associates are regulated to undertake Judicial Review matters through our JRCM licence and we can also advise if our Immigration Solicitor’s firm, Westkin Law, is a better fit for you.

I had my Tier 4 visa refusal and it was really complicated. Hence, it was important for me to find the best solicitor. I had consultation with 3 other solicitors before I decided to go ahead with Westkin. They have done my Administrative Review and Pre-Action Protocol. My refusal decision was overturned at this stage. My lawyers were very professional, highly responsible and efficient. They gave me all possible alternatives/stages of the case from an honest point of view. I highly recommend Westkin, and won’t go anywhere else in the future.

Meet our Immigration Judicial Review: How The Procedure Works Team

Further detail

Detailed information about our Judicial Review service

A challenge on Judicial Review grounds must be brought on either illegality, irrationality and procedural impropriety. These grounds must be made out in the Pre-action protocol letter and then the claim form.

Illegality is relatively simple, it is where the public body had made a decision which has broken a prescribed law.

All applications for judicial review must be lodged within 3 months of the decision that is being challenged. Please be aware that the pre-action protocol does not count as an application so does not pause the deadline for lodging a judicial review application with the High Court. The Civil Procedure rules also make clear that the deadline is that the claim” must be filed promptly” and in any event not later than three months. So the claim should be submitted without reasonable delay.

Aside from emergency applications, applications for judicial review must be preceded by a pre-action letter, which is part of the pre-action protocol. This is essentially a letter from the Immigration Lawyers to the lawyers from the Home Office (the Government Legal Department) which sets out the grounds for judicial review, so that the Home Office can decide if they can resolve the matter without recourse to the Claimant’s Immigration Solicitors filing an application.

Once a Pre-action protocol is submitted, and responded to, then the Judicial Review claim form can be submitted at the High Court. The Home Office can then choose to defend the matter or to acknowledge the matter and delay the defence. If they choose to eventually defend the matter, then claim form goes to be considered by a High Court judge. He can then decide the matter in the claimant’s favour or refuse.

If you feel you have received a decision which is unfair, please contact us via phone, email or enquiry box above.

FAQS

Your frequently asked questions

A judicial review is a specific challenge to an immigration challenge which has gone against you.
It is important to understand that judicial review can only be used in limited circumstances and our team can advise you on the correct approach when you are refused a visa.
It remains difficult to say, and one should be careful of lawyers who are promising an amnesty. However, overstayers should always make attempts to regularise their status and Westkin are happy to assist.
Yes, we undertake judicial reviews against all decisions from the Home Office.
Yes, Westkin can obtain to get your costs back to you. We do this for clients every year.

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Had a fantasic experience! Very kind, professional, and communicative. As I had experienced a few law firms, I would definitely fefer this one to my friends and family and highly recommend to anyone.

Chalisa K
28 March

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