Judicial Review

Grounds for judicial review of an Immigration decision

You can apply for a judicial review if you believe the Home Office or court decision was:

• Illegal – the decision-maker didn’t have the legal authority to make it.
• Procedurally unfair – the process leading to the decision was flawed, denying you a fair chance.
• Irrational – the decision was so unreasonable that no logical person could have reached it.

You usually have a strict timeframe (often 14 days) to apply for a judicial review after receiving the decision.

The application process

1. Gather evidence: This could include documents related to the original decision, proof of the alleged flaws, and any supporting legal arguments.
2. Apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC): You’ll need to submit a detailed application form outlining the grounds for your challenge.
3. Permission stage: A judge will first decide if your case has merit and grant permission to proceed with a full hearing.
4. Hearing (if granted): If permission is granted, your case will be heard before a judge who will decide whether the original decision should be quashed (overturned).