Judicial Review

Judicial Review (JR) is a legal process by which the Administrative Court (or, in certain cases, the Upper Tribunal) can examine whether a decision made by the Home Office or another public authority was unlawful.

JR is not a re-hearing of the merits of your case. Instead, it focuses on whether the decision-maker acted within their legal powers, followed a fair process, and reached a decision that was rational and not in conflict with the law or established legal principles.

Judicial Review may be appropriate where a statutory right of appeal is not available, where the decision involves a serious unlawful act, or where the Home Office has failed to act within a reasonable time. Common grounds include illegality, irrationality, and procedural unfairness.

Before making a claim for Judicial Review, it is usually necessary to send a Pre-Action Protocol letter to the Home Office setting out the alleged unlawfulness and giving them an opportunity to remedy the situation. Many cases are resolved at this stage without the need for court proceedings.

Judicial Review proceedings are complex and time-sensitive. Permission to proceed must be sought from the court, and there are strict time limits — generally three months from the date of the decision.

Terence Ray Solicitors has experience in bringing and advising on Judicial Review applications in immigration matters. We will assess your case candidly and only proceed where there are genuine legal grounds.

Get in touch on 020 3367 1430 or email info@trsolicitors.co.uk.