Judicial Review for Immigration
Judicial Review for Immigration
Immigration Appeal & Judicial Review Experts
Challenging Unfair Home Office Decisions with Expert Case Preparation
Judicial Review for Immigration – Challenging Unlawful Home Office Decisions
When the Home Office makes an unfair, unreasonable, or unlawful decision — and no right of appeal is available — a Judicial Review (JR) may be your only legal remedy. At The McKenzie Friend, we provide expert assistance to challenge such decisions through the judicial review process, ensuring your rights are protected and your case is heard before the courts.
A Judicial Review is not a re-evaluation of your immigration case itself, but rather a legal challenge to how the decision was made. It ensures that the Home Office acted lawfully, reasonably, and fairly according to UK immigration law.
What Is a Judicial Review in Immigration?
A Judicial Review is a formal legal procedure allowing the court to examine the lawfulness of a decision made by a public body — in this case, the Home Office or an Entry Clearance Officer. It is designed to protect applicants from administrative errors, misuse of power, or procedural unfairness.
Judicial Reviews can be used to challenge decisions such as:
- Visa and immigration refusals with no right of appeal
- Unlawful delays in decision-making or refusals to reconsider
- Errors in asylum and human rights applications
- Refusals following Administrative Review
- Unlawful removals, detention, or curtailment of leave
When Should You Consider Judicial Review?
You may be eligible for a Judicial Review if the Home Office:
- Did not follow its own immigration rules or procedures
- Failed to properly consider relevant evidence or circumstances
- Made a decision that was irrational or disproportionate
- Acted unfairly or beyond its lawful authority
Before filing for Judicial Review, a Pre-Action Protocol (PAP) letter must first be sent to the Home Office, outlining the legal grounds of your challenge and giving them the chance to resolve the issue without court intervention.
The Judicial Review Process
- Case Assessment: We evaluate your refusal or decision letter to identify any legal or procedural errors.
- Pre-Action Protocol: A detailed letter is submitted to the Home Office requesting reconsideration or resolution.
- Filing for Review: If the Home Office fails to respond or refuses to change its decision, we assist with the formal JR claim to the Upper Tribunal or Administrative Court.
- Permission Stage: The court reviews whether your case has sufficient merit for a full hearing.
- Substantive Hearing: The judge examines the legality of the Home Office’s actions and can order them to reconsider or reverse the decision.
Strict Time Limits for Judicial Reviews
Judicial Reviews are subject to tight deadlines. You must file the claim within 3 months of the date of the Home Office decision. Acting quickly is essential — the sooner you seek advice, the stronger your case will be.
Why Choose The McKenzie Friend?
- Specialists in complex immigration challenges and Judicial Reviews
- Accurate legal drafting and evidence-based case preparation
- Transparent, affordable pricing
- Fast responses and strict compliance with court deadlines
- Strong track record of success in overturning unlawful Home Office decisions
Challenge Unfair Home Office Decisions Today
If your visa, asylum, or immigration application was refused without a right of appeal, you may still have legal options. The McKenzie Friend provides professional guidance and support for Judicial Reviews to help you fight back and achieve justice.
Get in TouchContact
We offer a free 30‑minute consultation to understand your case and recommend next steps.
Office
155 Maybury Road, Woking, Surrey, GU215JR
Contact
info@mckenziefriend.net
Open Hours
Monday-Sunday 9 am - 8 pm
Frequently Asked Questions – Judicial Review for Immigration
What’s the difference between a Judicial Review and an appeal?
An appeal challenges the outcome of a decision, while a Judicial Review challenges the legality or fairness of how the decision was made. JRs do not re-assess the facts but examine whether proper procedure and law were followed.
Can anyone apply for a Judicial Review?
No. You can only apply if your immigration decision has no right of appeal and you can show that the Home Office acted unlawfully, unreasonably, or unfairly. We’ll help assess your eligibility before taking action.
How long does a Judicial Review take?
Timelines vary depending on the court’s schedule and case complexity. The pre-action phase can take a few weeks, while the full Judicial Review may take several months if permission is granted.
What is a Pre-Action Protocol letter?
This is the first step in the Judicial Review process. It’s a formal letter to the Home Office explaining why their decision is unlawful and requesting them to correct it before legal proceedings start.
What are the possible outcomes of a Judicial Review?
The court can order the Home Office to reconsider its decision, quash the unlawful decision, or require them to take specific corrective actions.
Can The McKenzie Friend represent me in my Judicial Review?
Yes. We assist with the full preparation and management of your Judicial Review claim, including pre-action letters, document drafting, and representation support throughout the process.
