What we help with
- The pre-action protocol letterwhat it must contain, the 14-day response period, when it can be shortened, and why it often works..
- Process and time limitsthe three-month time limit, the pre-action letter, issuing in the Upper Tribunal, permission, the hearing and remedies..
- Grounds for judicial reviewillegality, irrationality, procedural unfairness, failure to follow policy, poor reasons and delay..
- Costs and legal aidcourt fees, our fees at each stage, who pays if you win or lose, legal aid and exceptional case funding..
- Judicial review of visa and asylum refusalsrefusals with no right of appeal, certified claims and rejected fresh claims..
- Home Office delayswhat counts as unreasonable delay, chasing properly, the pre-action letter and judicial review..
Judicial review is a claim in the Upper Tribunal or the High Court that a public body, usually the Home Office, acted unlawfully. It is not an appeal: the judge does not decide whether the decision was right, only whether it was made lawfully, fairly and reasonably. It is the remedy when there is no right of appeal, and often the only way to stop a removal or force a decision on a delayed application.
When judicial review is used
- Refusals with no right of appeal, such as visitor visas, some points-based refusals after administrative review, and certification of claims as clearly unfound.
- Removal directions and detention, where an urgent application can stop a flight.
- Delay, where the Home Office has sat on an application for an unreasonable time.
- Decisions of the First-tier and Upper Tribunal refusing permission to appeal.
- Policy and systemic challenges, where a decision applied an unlawful policy.
How it works
- The pre-action protocol letter: a formal letter setting out the claim and giving the Home Office 14 days to respond. Many cases are resolved at this stage.
- The claim: lodged within three months of the decision, and promptly. Later is too late unless there is a good reason.
- Permission: a judge decides on the papers whether the claim is arguable. If refused, you can renew at an oral hearing.
- The hearing and remedy: if the claim succeeds the decision is quashed and the Home Office must decide again lawfully.
Costs and legal aid
Judicial review is funded by legal aid where you qualify and the case has merit; we hold a legal aid contract. Privately funded claims are quoted in stages, and if you lose you may be ordered to pay the other side's costs. We explain the risks before you commit.
What we do
We assess whether the decision is challengeable, send the pre-action letter, draft the grounds and evidence, instruct counsel where needed and run the claim through to hearing. Urgent cases, including stopping removals, are taken on the same day.
