If you want to challenge the legality of a decision made by the Home Office or the Immigration Tribunal and don’t see any other way out, our team at Highwood Solicitors can help you through the process of an immigration judicial review.

This page explains the ins and outs of immigration judicial review, including whether or not it’s right for you, typical situations for filing a review, the basis for the review, how long the process takes, and how much it costs.

We also give information about other options, like immigration appeals to the First-tier Tribunal, the Upper Tribunal, and the Administrative Review.

Understanding Immigration Judicial Review

At its core, judicial review of immigration decisions lets a judge look at whether or not a decision made by the Home Office or Immigration Tribunal is legal. The focus is on how a decision was made, not on whether or not the decision was right. It digs deep into whether or not the ways these bodies did things were fair and legal.

It’s important to know that going to court for an immigration review is the last step, done after all other ways to complain or appeal have been tried. You won’t get a letter from the Home Office telling you that you have the right to a judicial review. Because these applications could be expensive and hard to understand, we suggest getting advice from our experienced solicitors.

For an in-depth discussion on your specific situation and needs, you can reach Highwood Solicitors at +44 (0) 1206523714 or use the enquiry form provided.

Is a Judicial Review the Right Course of Action?

People often think that the Home Office’s decision is wrong, not illegal. In these situations, a judicial review might not be as useful as an immigration appeal to the First-Tier Tribunal. This full hearing gives the judge a chance to think about the decision again.

Also, if you don’t agree with a decision made by the First-tier Tribunal, you might be able to appeal to the Upper Tribunal instead of going through the judicial review process.

In cases where there is no right to appeal, a person can ask for an Administrative Review, which gives the Home Office a chance to look at the case again from the inside.

Differentiating Between Administrative and Judicial Review

Administrative reviews and judicial reviews are not the same thing. The second is a thorough legal procedure, while the first is an internal review done by the Home Office that focuses only on paperwork.

Scenarios for Filing an Immigration Judicial Review

Several situations might warrant a judicial review application:

• Rejection of an application for immigration with no way to appeal and dissatisfaction with the result of the Administrative Review.
• Rejection of a claim for asylum or human rights with no way to appeal.
• An appeal to the First-tier Tribunal was turned down, and both the First-tier Tribunal and the Upper Tribunal said no because of mistakes in the law.
• Appeals against being detained, being removed soon, or being sent away.

Basis for an Immigration Judicial Review

Three principal pillars support an immigration judicial review:

1. Illegality: The decision lacks the necessary legal backing.
2. Procedural Unfairness: The decision-making process was flawed.
3. Irrationality: The decision is so baseless that no logical individual would have made it.

A decision can also be challenged if it goes against the rights set out in the Human Rights Act of 1998.

If the decision made by the Home Office is found to be illegal, unfair, illogical, or against human rights, it will be sent back to them to be looked at again. Our expert lawyers at Highwood Solicitors can help you figure out how to challenge a decision like this in the best way.

Timelines for Immigration Judicial Review

Any challenge to a decision made by the Home Office must be sent to the Upper Tribunal quickly, within 3 months of the date of the decision.

You have to file an appeal against a First-Tier Tribunal decision within a month of getting the written reasons for the decision. Due to these strict deadlines, people who are thinking about a judicial review should talk to a specialist lawyer as soon as possible.

Navigating the Immigration Judicial Review Process

From the Pre-action protocol letter to the final decision, we explain all of the steps in this section. At each stage, it’s important to remember how important accurate information, evidence, and being on time are. Highwood Solicitors is here to help you through this complicated process and stand in your place.

Feel free to get in touch with our experienced lawyers at Highwood Solicitors for more information or to start the judicial review process.

You gave a detailed explanation of how the UK immigration judicial review process works, from the first steps to the possible results. Here’s a quick rundown of the main points:

The Full Judicial Review Hearing:

• If the claim goes to a full hearing, the arguments are heard by a judge from the Upper Tribunal.
• If it’s not an emergency, getting a hearing date could take months or even more than a year.
• No later than 21 working days before the hearing, both sides must send a summary of their case and any supporting documents.
• The judge will decide if the Home Office’s decision was legal, and the person who loses usually pays the other side’s legal fees.
• The Legal Aid Scheme does not pay Richmond Chambers to give legal advice.

Judicial Review in Immigration Law:

• Processing times that change based on where you are in the review process.
• Once the Home Office gets a Pre-Action Protocol Letter, they have up to 14 days to make a decision.
• If the Home Office keeps defending its position, the process could take a year or more.

Fees:

• Initial application: £154.
• Reconsideration of permission refusal at an oral hearing: £385.
• Full hearing: £770 (reduced to £385 if the previous fee was paid).
• Fee reductions may be available for low-income applicants.

Outcomes:

• If the Home Office decision is found unlawful, it’s usually sent back for reconsideration.
• The Upper Tribunal can issue various orders or make declarations on the law.
• If unsuccessful, an appeal to the Court of Appeal might be an option.

Costs:

• The losing party typically pays for the legal costs.
• Cost awards are based on how the parties behaved and how well they followed the Pre-Action Protocol for Judicial Review.

Immigration Status & Judicial Review:

• Judicial review doesn’t automatically extend leave to remain.
• The connection between judicial review and immigration status can be complicated, and you may need to talk to a lawyer about it.

Removal During Proceedings:

• Judicial review application doesn’t inherently prevent removal or deportation.
• Even if the Home Office is given permission to review, there are some situations in which removal or deportation might not be put off.

How Immigration Barristers Can Help:

• They offer expert legal representation and prepare high-quality reviews of Home Office decisions.
• Their services include advice on seeking permission, lodging a claim, representation at hearings, and more.
• They cater to unique client situations with tailored solutions.

Please let us know if you have any specific questions or need more information about any part of the process.