UK Judicial Review Solicitors

Need Expert Legal Advice on Judicial Review? Contact Our Experienced Team Today!

If you have exhausted all other avenues for appeal and your visa application has been refused, you may be able to pursue a judicial review. This is a complex legal process that involves challenging the lawfulness of the decision made by the Home Office. Our team of expert UK Judicial Review solicitors at Ali & Barrow Solicitors can help you with:

Assessing the viability of a judicial review in your case

Preparing and filing the necessary paperwork

Representation before the court

Negotiating with the Home Office for a favourable outcome

Do not hesitate to contact us by filling out the form or by calling 0203 998 3200 to discuss your options with one of our experienced solicitors. We have a strong track record of success in judicial review cases and are committed to fighting for justice on behalf of our clients.

What is an Immigration Judicial Review in the UK?

An immigration judicial review in the UK is a legal mechanism that allows individuals to challenge the decisions made by immigration authorities or bodies when there is a belief that the decision was unlawful, procedurally improper, or unreasonable. Conducted by the Upper Tribunal (Immigration and Asylum Chamber) or the High Court, this process reviews how a decision was reached, rather than the merits of the decision itself. It ensures that immigration authorities act within the scope of their powers and comply with legal and procedural requirements.

Purpose of an Immigration Judicial Review

The primary aim of an immigration judicial review in the UK is to uphold fairness, accountability, and lawfulness in immigration-related decisions. Decisions made by authorities such as the Home Office can have life-changing impacts on individuals. Judicial review acts as an essential check to ensure that decisions comply with UK immigration law, are based on natural justice principles, and are free from procedural errors or abuses of power. It protects individuals from flawed decisions that might otherwise go unchallenged or lead to severe consequences, such as deportation, detention, or denial of protection.

Legal Framework

Immigration judicial reviews in the UK are governed by judicial review principles derived from common law and statutory provisions such as the Senior Courts Act 1981 and the Tribunals, Courts and Enforcement Act 2007. Specific rules also apply under the Immigration and Asylum Procedural Rules. Only a court or tribunal with relevant competence can determine the validity of an immigration decision through judicial review.

Notably, the claimant must demonstrate that the decision they are challenging has contained an identifiable legal flaw. This might involve procedural errors, irrationality (a decision so unreasonable that no reasonable authority would make it), or a breach of statutory duties under immigration laws.

Circumstances Under Which Judicial Review Can Be Pursued

Judicial review in the UK is considered a remedy of last resort. It is available only when all other internal appeal or administrative review options have either been exhausted or are unavailable. Limited circumstances in which it may be pursued include:

Procedural Unfairness:

For example, if the decision-maker fails to provide the applicant an opportunity to respond to significant allegations or evidence.

Exceeding Legal Powers:

The decision-maker acted outside the powers granted by UK immigration laws (ultra vires).

Unreasonableness:

The decision is so illogical or contrary to evidence that it is deemed unreasonable or irrational.

Failure to Consider Evidence:

The authority ignored relevant evidence or relied upon irrelevant or inadmissible factors in reaching a decision.

Breach of Human Rights:

The decision violates the claimant’s rights under the European Convention on Human Rights (as incorporated by the Human Rights Act 1998), such as Article 8 (right to private and family life).

Key Steps in Judicial Review

Pre-Action Protocol

Before proceeding with judicial review, the claimant must comply with the pre-action protocol by sending a formal “letter before claim” to the Home Office or relevant immigration authority. This letter outlines the grounds for challenging the decision and seeks to resolve the issue without court involvement.

b. Individuality and Authenticity

Judicial review plays a crucial role in maintaining the integrity of UK immigration law. By offering individuals a means to challenge unjust decisions, it ensures that immigration authorities act within the bounds of legality and fairness. This process also serves as an essential safeguard against the misuse of discretion or procedural failures which could affect some of the most vulnerable individuals, such as asylum seekers or those facing removal from the UK. Judicial review reinforces accountability and democratic values within the immigration system, fostering confidence in its governance and fairness.

Why Work with Our UK Judicial Review Solicitors?

Dealing with immigration matters can be stressful and overwhelming, especially when faced with a decision that affects your future in the UK. Our dedicated team of judicial review solicitors has over 20 years of combined experience in this area of law and can guide you through the process with compassion and expertise. We understand how important it is to secure a successful outcome, and we are committed to providing our clients with high-quality legal representation.

Our Judicial Review Solicitors Are Here to Help – Take the Next Step Today!

If you are facing challenges with your immigration status or need expert guidance for your judicial review application, don't wait any longer. Contact our experienced team of solicitors today to schedule a consultation. We are here to provide compassionate, personalized advice and fight for the best possible outcome for your case. Call us now or fill out our online inquiry form to get started—your future matters, and we are ready to help you secure it.