Judicial Review (Business)

Judicial Review is available in business immigration cases where the Home Office has acted unlawfully, irrationally, or without following a fair process — and where no other adequate remedy (such as Administrative Review or Tribunal appeal) is available.

In business immigration, Judicial Review is most commonly used to challenge sponsor licence revocations, refusals of Certificates of Sponsorship, unreasonable delays in processing applications, or decisions taken outside the Home Office’s legal powers.

The Judicial Review process begins with a Pre-Action Protocol letter to the Home Office, setting out the grounds on which the decision is challenged and inviting the Home Office to reconsider or respond within a fixed timeframe. Many cases are resolved at this pre-action stage without the need for full court proceedings.

If the Home Office does not remedy the situation, a claim for Judicial Review may be filed at the Administrative Court or Upper Tribunal. Permission must first be sought, and strict time limits apply — generally three months from the date of the decision.

Judicial Review is a serious and costly process. It should only be pursued where there are strong legal grounds and where the impact of the Home Office’s decision is significant.

Terence Ray Solicitors has experience in challenging Home Office decisions in business immigration cases. We will give you a candid assessment of the merits of your case before recommending this course of action.

Contact us urgently on 020 3367 1430 or email info@trsolicitors.co.uk.