What is Judicial Review?
Judicial Review is not a re-evaluation of your visa application. Instead, it’s a legal procedure used to challenge the lawfulness of a decision made by the Home Office or other UK immigration authorities.
Common grounds for Judicial Review include:
- Misinterpretation or misapplication of immigration law
- Procedural unfairness (e.g., not considering key evidence)
- Decisions made outside legal authority
- Breach of human rights obligations
This route is available only after other remedies — like an appeal or administrative review — have been exhausted or are not available.
Find out if your visa refusal was legally flawed — we’ll help you assess it. Contact us
When Can You Apply for Judicial Review?
Judicial Review is appropriate when there are no other legal remedies available, such as an appeal or administrative review, or when those options have already been exhausted without success. It is also used to challenge the Home Office’s failure to act within a reasonable time frame (referred to as “unlawful delay”).
You might consider Judicial Review if:
- Your visa application has been refused and no appeal or review right exists.
- The Home Office issued a removal notice or detention order you believe is unjust.
- Your application is stuck with no progress for months, despite submitting all documents.
- The refusal was based on misinterpretation of facts or immigration rules.
- There are concerns that your human rights were not properly considered.
Before filing a Judicial Review claim, a Pre-Action Protocol (PAP) letter must be sent to the Home Office. This gives them a final opportunity to reconsider the decision before court involvement. At Salam Immigration, we handle this crucial step with precision.
Unsure if your case qualifies? Get a fast, expert opinion today. Contact us
How Does It Work?
Judicial Review works by allowing a judge to assess whether a decision made by a public authority — like the Home Office — was made lawfully, reasonably, and fairly. It does not re-assess the facts of your visa application or introduce new evidence. Instead, it examines whether the decision-making process followed the law.
Here’s how it works in practice:
- The process begins with a legal review of your refusal or negative decision. This includes examining documents, correspondence, and timelines.
- If grounds exist, we issue a Pre-Action Protocol letter, formally requesting that the Home Office review their decision and correct the error.
- If the Home Office refuses or fails to respond satisfactorily, we submit a Judicial Review application to the High Court (or Upper Tribunal in immigration cases).
- The court will decide whether there is an “arguable case” — if so, it grants permission for a full hearing.
- If permission is granted, both sides argue their case before a judge. If you win, the decision can be quashed, and the Home Office may be ordered to reconsider your application or compensate you for legal costs.
Judicial Review is not about whether you “deserve” a visa — it’s about whether your case was handled lawfully.
Let us help you challenge an unlawful decision through the correct legal process.
What Is the Procedure?
The Judicial Review process involves multiple, tightly timed steps. Missing any stage or filing an incomplete claim can result in your case being dismissed — which is why expert legal guidance is essential.
The main stages include:
- Pre-Action Protocol (PAP)
We prepare and send a detailed legal letter to the Home Office outlining the unlawful decision and inviting them to correct it. This is often enough to resolve the issue without court involvement. - Filing the JR Claim
If the Home Office doesn’t provide a satisfactory response within 14 days (or sooner in urgent cases), we submit a formal Judicial Review claim to the relevant court or tribunal. - Permission Stage
A judge reviews your written claim and decides whether it raises serious legal issues. If permission is refused on paper, we can request an oral hearing to argue for reconsideration. - Substantive Hearing
If permission is granted, the case proceeds to a full hearing. Both your legal team and the Home Office will present arguments. The judge will assess whether the decision was made within legal limits. - Outcome and Remedies
If the judge agrees the decision was unlawful, the court may quash the decision, order the Home Office to reconsider, or award legal costs in your favour. This can re-open your immigration pathway or protect you from removal.
Judicial Review is fast-paced, document-heavy, and highly procedural — but with our support, your case will be professionally managed and fully compliant with court standards.
We guide you through every step of the Judicial Review with clarity and care. Contact us
How Salam Immigration Helps
Judicial Review is a technical legal process with strict deadlines and high standards. At Salam Immigration, we provide:
- Case Assessment: Honest, expert evaluation of whether JR is the right route for your situation
- Pre-Action Protocol Letter: We draft and send the official letter challenging the decision
- Filing the JR Claim: We prepare and submit your case to the High Court within time limits
- Court Representation: If the matter proceeds to a full hearing, our solicitors represent you
- Negotiation and Settlement: Where possible, we seek early resolution to avoid lengthy litigation
Our immigration solicitors specialise in complex and time-sensitive cases — ensuring your application meets legal expectations from day one.
From first letter to final verdict — we handle the process for you. Contact us
Judicial Review Process: Step-by-Step
Step 1: Case Review
We examine your refusal letter, background, and evidence to determine whether Judicial Review is appropriate.
Step 2: Pre-Action Protocol (PAP)
We send a formal letter to the Home Office requesting they withdraw or reconsider the decision.
Step 3: JR Claim Filing
If the Home Office refuses to reverse the decision, we file a JR application at the High Court.
Step 4: Permission Stage
A judge reviews the claim to decide if the case is arguable and should proceed to a full hearing.
Step 5: Substantive Hearing (if permission granted)
The court examines arguments from both sides and decides whether the original decision was lawful.
Step 6: Outcome
The judge may order the Home Office to withdraw the decision, reconsider the case, or pay legal costs.
Understand each stage of Judicial Review before you commit. Contact us
Time Limits for Judicial Review Applications
Judicial Review claims are strictly time-sensitive, and failing to meet the deadlines can mean losing your right to challenge the Home Office — permanently. The courts apply these deadlines rigidly, and judges expect applicants to act promptly, even within the permitted timeframes.
Key Timeframes to Know:
- Standard immigration cases: You must file a Judicial Review claim within 3 months from the date of the Home Office decision. This means you have 90 days, starting from the day the refusal or negative outcome is communicated to you.
- Urgent removal or deportation cases: If the Home Office issues a removal direction, you may need to act within 7 days, or even 24 to 72 hours, depending on the notice period given. In some cases, you may only have hours to respond.
- Unlawful detention claims: If you're being detained unlawfully by the Home Office, the claim must be brought as soon as the unlawful detention begins. Delays can weaken your argument, especially if the detention ends before the court hears the case.
- Ongoing delays by the Home Office (e.g., decision not made):These cases don’t have a strict start date, but you must show that the delay has become unreasonable and that you’ve given the Home Office time to act (usually via a Pre-Action Protocol letter).
Even if you are within the 3-month window, the court may still reject your case if you waited too long to act. Judges consider not just the legal deadline, but how quickly and reasonably you responded to the decision.
Act now — missing deadlines can permanently close your options.
Costs and Legal Aid
Pursuing a Judicial Review involves legal costs, but at Salam Immigration, we ensure transparency and flexibility throughout the process. We believe cost should never be a barrier to justice — especially when the stakes are your immigration status, your future, or your family life.
What Costs Are Involved?
- Solicitor Fees: These cover case preparation, legal advice, and court representation. We break this down stage-by-stage so you know exactly what you’re paying for.
- Court Fees:The fee to file a Judicial Review claim is currently £154, and if permission is granted, an additional £385 is payable for the hearing (subject to official updates).
- Disbursements: This may include postage, translation of documents, expert reports (if needed), and courier fees for urgent applications.
Our Fee Approach:
- Fixed-Fee Options: We offer fixed-fee packages for each phase — PAP letter, claim filing, permission hearing, and full hearing — so you’re never hit with surprise charges.
- Flexible Payment Plans: We provide instalment options to make legal representation affordable.
- Legal Aid: Legal aid may be available if you’re on a low income and your case meets strict criteria — particularly for detained individuals or those facing deportation. We can assess your eligibility and connect you with legal aid partners if needed.
- Cost Recovery: If your case is successful, the court may order the Home Office to reimburse your legal costs partially or in full. We will advise you on how to preserve your right to claim these costs.
We’ll always explain fees before proceeding, provide itemised invoices, and answer any financial questions up front — no hidden costs, no vague estimates.
Know what to expect — we make costs transparent from day one. Contact us
Why Choose Salam Immigration for Judicial Review?
- Proven success in challenging unlawful visa refusals
- In-depth knowledge of immigration law and court procedure
- Skilled in negotiation, drafting, and litigation
- Full legal representation from start to finish
- Urgent support for removal orders and detained clients
If your visa was refused unfairly or you believe the Home Office made a mistake, we’ll help you fight back — the right way.
When experience counts, trust a team that delivers results.
Contact Salam Immigration Today
Phone: 0161 839 7396
Email: contact@salamimmigration.co.uk
Website: salamimmigration.co.uk
Don’t let a wrongful decision go unchallenged. Get expert guidance on Judicial Review from Salam Immigration.
Additional References
Table of Contents
- What is Judicial Review?
- When Can You Apply for Judicial Review?
- How Does It Work?
- What Is the Procedure?
- How Salam Immigration Can Assist with Your Judicial Review Application
- Judicial Review Process: Step-by-Step
- Time Limits for Judicial Review Applications
- Costs and Legal Aid
- What Costs Are Involved?
- Why Choose Salam Immigration for Judicial Review?
- Contact Salam Immigration Today
