Judicial Review (JR)

You can challenge the refusal of a UK visa by way of Judicial Review (JR) against the Home Office UKVI if you do not have the right to file an appeal against the UK visa refusal.

Judicial Review (JR) in immigration cases is a legal process whereby an unlawful refusal of a UK visa and immigration application by the Home Office UKVI can be legally challenged by way of legal proceedings in the court.

Through Judicial Review (JR), the court reviews the unlawfulness of an immigration decision and if the decision is found to be unlawful, the decision is set aside by the court so that the Home Office UKVI can make a fresh lawful immigration decision of your UK visa and immigration application.

Pre-Action Protocol (PAP) letter before filing a Judicial Review (JR)

Unless an exception applies, you should submit a Pre Action Protocol (PAP) letter to the Home Office UKVI and give them 14 days to reconsider their decision to refuse the immigration application before you initiate Judicial Review (JR) proceedings in the court.

If the Home Office UKVI agrees to reconsider the matter and make a fresh decision on your UK visa and immigration application, you should not issue the Judicial Review proceedings as such proceedings will be considered unnecessary and you may get the costs order against you for bringing Judicial Review (JR) against the Home Office, UKVI unnecessarily.

If the Home Office UKVI do not respond to your Pre Action Protocol (PAP) letter within 14 days or responds but maintains the decision to refuse the UK visa and immigration application, you can then issue the Judicial Review proceedings in the court. In all circumstances, Judicial Review proceedings must be issued within 3 months of the date of refusal decision you are challenging by way of Judicial Review proceedings.

Time limit for filing Judicial Review (JR) against the Home Office

Judicial Review against Home Office UKVI to challenge the refusal of a UK visa and immigration application must be filed within 3 months of the date of decision which is being challenged by way of Judicial Review (JR).

Where you are challenging an immigration decision involving an Administrative Review (AR) against the original refusal decision of the Home Office UKVI, the time limit of 3 months will start from the date of the Administrative Review (AR) decision and not the original refusal decision of the UK visa and immigration application.

There is no time limit for challenging omission or failure on the part of the Home Office UKVI e.g. where you are challenging delay on the part of the Home Office UKVI in making a timely decision on your UK visa and immigration application.