Judicial Review in Immigration Cases: When and How to Use It

Judicial review is a High Court or Upper Tribunal challenge to the lawfulness of a public authority’s decision. In immigration law, it is often the last resort when all other remedies have failed. Our Bolton immigration solicitors explain when and how it can be used.

What is Judicial Review?

Judicial review is a legal process in which a court examines whether a public authority — such as the Home Office — has acted lawfully, fairly and proportionately. The court does not re-make the decision — it considers whether the decision was made in accordance with the law, whether proper procedures were followed, and whether it was proportionate.

Grounds for Judicial Review

• Illegality: the decision was not within the powers conferred by law
• Irrationality: the decision was so unreasonable that no reasonable decision-maker could have reached it (Wednesbury unreasonableness)
• Procedural impropriety: the decision was made without following required procedures or breaching the rules of natural justice
• Proportionality: the decision was a disproportionate interference with a Convention right

When is Judicial Review Available in Immigration Cases?

JR is appropriate where: there is no right of appeal (e.g. visitor visa refusal, refusal of Administrative Review), an appeal has been exhausted, the Home Office has failed to make a decision at all (refusal to decide), or the Home Office has acted unlawfully (e.g. unlawful detention, unlawful removal).

Time Limits

Most judicial review claims must be brought promptly and in any event within 3 months of the decision. For immigration detention cases, the time limit is very strict — sometimes days. Urgent cases involving imminent removal may require a same-day application.

Pre-Action Protocol

Before issuing JR proceedings, a pre-action protocol letter must usually be sent to the Home Office, giving them 14 days to respond. This often resolves cases without litigation. Our solicitors draft robust pre-action letters that frequently lead to the Home Office reconsidering its decision.