Many immigration decisions do not attract a right of appeal. However, such decisions may still be challenged, where appropriate, through Judicial Review before the Upper Tribunal or the High Court.
Judicial Review is a legal process where the lawfulness of a public body’s decision is reviewed by the Upper Tribunal (for immigration cases) or the Administrative Court. It is not a re-hearing, but a challenge based on legality, fairness, and procedure.
Key points:
- The decision must be by a public body
- JR must only be used if no other legal remedy (e.g., appeal, administrative review) is available
- Applications must be filed within 3 months of the decision being challenged
Our support includes:
- Pre-action protocol (PAP) letters
- Drafting and filing JR applications
- Representation or referral to specialist JR counsel
- Litigation support throughout the process