Judicial review.

What the official guidance says.

• GOV.UK says a judicial review challenges the lawfulness of a decision or conduct by a public body, such as the Home Office, the First-tier Tribunal or a local council, in an asylum or immigration case. It applies where the action is unlawful, illegal, irrational or unreasonable.
• Judicial review is for unlawful decisions, not wrong ones. If you think a decision was wrong, GOV.UK says to appeal instead where you can.
• The tribunal must receive your application no later than 3 months after the decision. Late applications need an explanation and a judge decides whether they can proceed.
• Applications are made to the Upper Tribunal (Immigration and Asylum Chamber) on form UTIAC1. Legally represented applicants must use e-filing.
• Some matters go to the Administrative Court instead, including challenges to immigration rules or legislation, British citizenship refusals, asylum support refusals, and decisions about trafficking victims.
• GOV.UK recommends independent legal advice if you are unsure whether judicial review is the right route.

What usually decides the outcome.

• Whether you have a right of appeal or administrative review that should be used first.
• The exact date of the decision and the 3-month limit.
• The legal grounds: error of law, unfairness, irrationality or failure to follow policy.
• Where to bring the claim, and what the court can order.

How we can help.

Depending on what you need, support can range from a first conversation to full representation. Ask for the scope of any work, and an explanation of our fees and separate government charges, in writing before you instruct the firm.

• Initial consultation and eligibility assessment. A conversation about your circumstances, the routes that may apply and the risks.
• Written advice and immigration planning. A considered view on your options and a plan that looks ahead to extensions, settlement or citizenship.
• Document and application checking. A review of an application or evidence you have prepared, before you submit it.
• Full application preparation and representation. Preparing and submitting the application, and dealing with the Home Office on your behalf.
• Responses to Home Office requests. Help answering requests for further information, interviews or evidence.
• Refusal analysis and next steps. Understanding why an application failed and whether to seek review, appeal, judicial review or make a fresh application.

Before you contact us

• Write a short summary of your circumstances and what you want to achieve.
• Note any decision dates, expiry dates or deadlines.
• Do not send passport numbers or sensitive documents in the first enquiry. We will explain how to share them securely.

Common questions.

Sources.

• GOV.UK: Apply for a judicial review in an immigration or asylum case (opens in a new tab)

Related information.