Most refusals of human rights and protection claims carry a right of appeal, and where an appeal exists you must normally use it. Judicial review is the route where there is no appeal, or where the Home Office has shut off the appeal by certifying the claim.

Refusals that are challenged by judicial review

Work, study and visit visa refusals, which have no right of appeal; some have administrative review first.
Refusals after administrative review, where the review upheld an unlawful decision.
Certified claims: where a human rights or protection claim is certified as clearly unfounded, or an appeal is allowed only from abroad, the certification can be challenged.
Rejected further submissions: where the Home Office decides that new material does not amount to a fresh claim, so that no appeal arises.
Refusals to accept an application as valid, fee waiver refusals and decisions that an application is void.
Entry clearance refusals with no appeal, including some family applications outside Appendix FM.

What the court will look at

Whether the decision applied the right Rule and policy, dealt with the evidence, gave reasons and was fair. It will not re-decide the application. Where the decision is quashed, the Home Office must decide again, lawfully; it may still refuse on proper grounds.

Reapply or review?

Sometimes a new application with better evidence is cheaper and quicker than judicial review. We advise which is right for your case before you spend on either.