When there is no right of appeal available, such as in certified decisions, unreasonable delays, or unlawful refusals, an applicant may challenge the outcome through Judicial Review.

Judicial Review is a legal process that examines whether a public body has acted lawfully, fairly, and in accordance with correct procedure. In immigration matters, applications are usually considered by the Upper Tribunal. Other public law challenges are dealt with by the Administrative Court. Judicial Review is not a fresh assessment of the case; it focuses solely on whether the decision was made properly.

Key Requirements

• The decision must have been made by a public authority.

• Judicial Review should only be used where no other remedy is available, such as an appeal or administrative review.

• Applications must be submitted within three months of the decision being challenged.