Judicial Reviews

A Judicial Review (JR) is a legal process in which a court examines the lawfulness of a decision made by a public body, such as the Home Office or an immigration tribunal. It is not a chance to re-argue the facts of your case, but to challenge how the decision was made — whether the decision-maker acted illegally, irrationally, unfairly, or breached procedural rules or human rights.

You would typically pursue JR:

When there is no right of appeal or administrative review.
When your case involves errors of law, procedural unfairness, or decisions that are irrational or beyond legal power (ultra vires).

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When to Use Judicial Review

Remedy	What It Does	When Used
Appeal	A tribunal reviews both the facts and the law.	When the decision letter gives you the right of appeal.
Administrative Review	A review by the Home Office of case working errors on eligible decisions.	When the decision is eligible and you want a quicker, internal review.
Judicial Review	The court reviews how a decision was made (lawfully, fairly).	If there is no appeal/AR right, or existing remedies have been exhausted.

Grounds for Judicial Review

Here are common legal grounds on which JR can be based:

Illegality – The decision-maker did not follow the law or exceeded their legal power.
Irrationality (Wednesbury unreasonableness) – When a decision is so unreasonable that no reasonable decision-maker could have made it.
Procedural unfairness (procedural impropriety) – For example, failure to give a fair hearing, failure to act in accordance with published guidance, or failure to consider relevant material.
Human Rights Breach – If a decision breaches rights protected under the Human Rights Act 1998 (e.g. Article 8 – family/private life).

Time Limits & Deadlines

Situation	Time Limit
From a Home Office decision without appeal rights	3 months from the date of the decision.
Urgent cases (e.g. removal directions, unlawful detention)	May require action even sooner, with the possibility of injunctive relief or emergency court orders.

Pre-Action Protocol (Letter Before Claim)

Before formally issuing a Judicial Review claim, you are normally required to send a Pre-Action Protocol (PAP) letter to the Home Office:

Explain which decision you are challenging and why (the legal grounds).
Give them an opportunity to reconsider or withdraw the decision.
If no satisfactory response is provided within the time specified (often 14 days), then you may proceed.

Process & What Happens in JR Proceedings

Permission Stage – You must first seek permission to apply to JR. The court will check if your case has sufficient legal merit.
Filing the Claim – Submit required forms, evidence of decision, legal grounds, etc.
Full Hearing (if permission granted) – Oral or written arguments. Both sides (you and the Home Office) are present. Evaluate the lawfulness of the decision.
Judgment – If successful, the decision may be quashed and sent back for reconsideration. The court does not usually substitute its own decision.

Possible Outcomes

Decision is quashed (set aside) and the Home Office must reconsider correctly.
Decision may be partially quashed (some parts need redone).
Dismissal of the JR if grounds are insufficient or the case is “without merit.” Note: adverse cost orders are possible

Risks & Costs

JR can be costly and time-consuming. Legal fees, court fees, and potential cost liability, especially if the case is unsuccessful.
If your JR is “Totally Without Merit”, there can be cost penalties and other implications.
There is no guarantee of winning — success depends on the strength of the legal argument, timing, quality of evidence and representation.

When JR is Your Best Option

You may consider bringing a Judicial Review when:

There is no appeal, or your appeal rights have been exhausted.
Administrative Review is not available or was unsuccessful.
The decision involves clear legal or procedural errors.
Urgent need (for example, facing removal imminently, unlawful detention).

Why Use Specialist Legal Help?

JR is highly technical: correct grounds, correct procedures, strict deadlines.
Lawyers help with drafting PAP letters, identifying errors of law, and preparing compelling arguments.
Managing interaction with the courts, cost exposure, and evidential submissions.
To increase the chance of success and avoid loss through minor procedural errors.