Judicial Review in Immigration Matters
Judicial Review (JR) is a form of court proceedings in which an applicant challenges the legality of a decision made by a public authority — in this context, most commonly the Home Office. It is not an appeal on the merits of the immigration decision, but a challenge to the legal process by which the decision was reached.
When Is Judicial Review Used?
Judicial Review is typically used where there is no right of appeal or where other remedies have been exhausted. Common uses in immigration include:
- Challenging a refusal where no right of appeal exists
- Challenging unlawful delays by the Home Office
- Challenging removal decisions where removal would be unlawful
- Challenging decisions to detain or maintain detention
- Challenging decisions made in procedurally unfair ways
Grounds for Judicial Review
A JR claim must be based on identifiable public law grounds, including:
- Illegality: The decision-maker acted outside their legal powers
- Irrationality: The decision was so unreasonable that no reasonable decision-maker could have reached it
- Procedural unfairness: The process by which the decision was made was unfair
- Failure to consider relevant factors: The decision-maker failed to have regard to material considerations
- Legitimate expectation: The applicant had a legitimate expectation that was not met
The Judicial Review Process
- Pre-action protocol letter sent to the Home Office
- Permission stage (the court assesses whether the claim has an arguable ground)
- Substantive hearing if permission is granted
- Remedies (quashing the decision, mandatory order, declaration)
Time Limits
JR claims must generally be brought promptly and in any event within three months of the decision being challenged, though some immigration JR cases have shorter limits. It is essential to take legal advice as early as possible.
Emergency Relief
In urgent cases — particularly where removal is imminent — it may be possible to apply for emergency relief (a stay on removal) alongside the JR application. Britlaw Solicitors advises on urgent matters where this is required.