Judicial Review of Immigration Decisions

Challenge unlawful Home Office decisions when no right of appeal exists.

Overview

Judicial review is a legal process that allows you to challenge the lawfulness of a decision made by a public body, such as the Home Office. In immigration law, judicial review is often the only remedy available when there is no right of appeal against a decision.

Judicial review does not re-examine the merits of your case. Instead, it asks whether the decision was made lawfully — that is, whether the decision-maker followed the correct procedures, applied the law correctly, and acted rationally.

The three main grounds for judicial review are illegality (the decision-maker got the law wrong), irrationality (the decision was so unreasonable that no reasonable decision-maker could have made it), and procedural unfairness (the correct procedure was not followed).

At MNS Solicitors, we assess the merits of your case for judicial review, send pre-action protocol letters to the Home Office, and if necessary, issue proceedings in the Upper Tribunal or Administrative Court.

Who Is This For?

Those who have received a Home Office decision with no right of appeal
Those who believe the Home Office has acted unlawfully in their case
Individuals facing removal where the decision was procedurally unfair
Anyone who has exhausted other immigration remedies

Key Requirements

A decision by the Home Office or other public body that you wish to challenge
Grounds that the decision was unlawful (illegality, irrationality, or procedural unfairness)
Compliance with strict time limits (generally 3 months, but can be shorter in immigration cases)
A pre-action protocol letter before issuing proceedings
Permission from the court to proceed (permission stage)

Our Process

Case Assessment

We review the decision and advise on whether there are arguable grounds for judicial review.

Pre-Action Letter

We send a pre-action protocol letter to the Home Office, setting out the grounds of challenge.

Issuing Proceedings

If the matter is not resolved, we issue judicial review proceedings and apply for permission.

Hearing & Judgment

If permission is granted, the case proceeds to a full hearing before a judge.

Fees

Judicial review fees vary depending on the complexity of the case. Legal Aid may be available for some immigration judicial review cases. Please contact us for a detailed assessment.

See full fee schedule →