Immigration and Asylum
Judicial review concerns the lawfulness of a public authority's decision or action. It is not another opportunity to submit the same visa application. SJS can assess whether an immigration decision raises a public law issue and explain the appropriate procedure, possible remedies and costs before proceedings are considered.
Understanding your next steps
An appeal, administrative review or another procedure may be the appropriate first step. We examine the decision, the history and any available remedy before advising on judicial review. The correct court or tribunal also needs to be identified.
The issue may concern how the decision was reached, the law applied or procedural fairness. The grounds must be more than disagreement with the outcome. We assess the evidence and explain whether there is an arguable legal challenge.
A case may involve pre-action correspondence, an application for permission and, if permission is granted, a substantive hearing. Costs can be significant, including potential liability for the other side's costs. Urgent situations require separate consideration of the relief needed.
A clear way forward
Send the challenged decision, previous applications and challenges, relevant correspondence and all dates, including any proposed removal or other urgent action.
We consider the legal grounds, the correct forum and whether an alternative remedy or urgent application needs to be addressed.
We explain the proposed work, evidence and costs before preparing correspondence or proceedings. Any further stage should be considered on its own merits.
Planning ahead
We will explain the fees for the agreed stage and the possible court or tribunal, counsel and expert costs. The risk of an adverse costs order should be considered before proceedings are started.
Judicial review must be considered promptly. Strict time limits apply and some cases have shorter limits than the general position. Do not wait for a general deadline where removal or another urgent step is threatened.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
No. Many immigration judicial reviews are brought in the Upper Tribunal Immigration and Asylum Chamber. Some belong in the Administrative Court. The correct forum depends on the case.
No. It challenges lawfulness. The court or tribunal does not simply decide whether it would have made a more favourable immigration decision on the same facts.
Do not assume it does. The deadline for proceedings must be protected while correspondence is taking place. We check the applicable limit at the outset.
Not necessarily. A remedy may require the authority to reconsider its decision lawfully. The result and any further application depend on the particular case.
General information about UK immigration. Contact us for advice about your circumstances.
SJS Solicitors · Balham
