Home > Areas of Law > Immigration > Judicial Review

The process by which we enforce our rights or seek the right to remain in the United Kingdom, when all other appeal rights have been exhausted. The Home Office will often expect administrative reviews to be conducted prior to a judicial review. 

Administrative
​Review 

Administrative Review can be made against certain in country, at point of entry and out of country refusals. Any in country application, so long as it was not made whilst a visitor, or in respect to a protection claim. At the boarder you are entitled to challenge any decision which leaves you without leave in the UK. Overseas challenges can be against any decision save for applications for:
• as a short term student made under part 3 of the Immigration Rules
• under Appendix EU (Family Permit)
• as a visitor
• a human rights claim

HOW MUCH DOES THE FEE COST?

The Home Office charge £80 for most applications, overseas applications are free. 

WHEN can i apply for review?

You can apply in-county, out of county and on arrival in the UK

​How to apply for an administrative review?

You must apply using the application form provided with their decision notice. The decision notice will tell you how to make the application.

Judicial Review
High Court

If applications go wrong, they can be subject to appeal, or if there is no right of appeal, administrative review. If that review is refused then the only further option is to Judicial Review the refusal. In cases relating to Naturalisation or in respect to decisions relating to detention, the challenge will be in the High Court, by way of Judicial Review.

is A JUDICIAL REVIEW AN APPEAL?

No its a review, and can only be used where there is no right of appeal.

limitation for judicial review?

You must apply for Judicial Review as soon as practicable, and in event within three months.

will i have to pay the costs of the application

Generally if you are successful the government pays the costs, if you are not then you pay their costs. 

Judicial Review
Upper Tribunal

If applications go wrong, they can be subject to appeal, or if there is no right of appeal, administrative review. If that review is refused then the only further option is to Judicial Review the refusal. In all cases other than those relating to Naturalisation or in respect to decisions relating to detention, the challenge will be in the Upper Tribunal, by way of Judicial Review. 

Why are immigration JUDICIAL reviews in the upper tribunal?

The main bulk of judicial review challenges are in respect to immigration decisions, and they were moved to a specialist tribunal

What is the DIFFERENCE in procedure?

The Upper Tribunal has its own procedural rules see separate page on fees and procedure. 

if i cannot afford a lawyer what can i do

You can issue your own application, and or access free legal advice or pro bono advocacy. 

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