Challenging UK Visa Refusal by Judicial Review (JR)

You can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review to challenge the unlawful visa refusal by Home Office UKVI.

You can only use the judicial review process if you are challenging visa refusal on the grounds that it is unlawful, illegal, irrational, or unreasonable.

Book an appointment with our immigration solicitors to discuss your UK visa refusal letter, the appeal process, the costs involved, and other available options.

Table of Contents

1. Judicial Review (JR)
2. How to apply to the UTIAC for a judicial review?
3. Judicial review application fee
4. How long does the judicial review process take?
5. What is the time limit for judicial review in the UK?
6. Need legal advice and assistance?

How to apply to the UTIAC for a judicial review?

To apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) in the UK for a judicial review, you need to follow the specific procedures outlined by the UK immigration system.

Here is a general overview of the judicial review process:

1. Obtain Legal Advice
2. Identify Grounds for Judicial Review
3. Letter Before Claim / Pre-Action Protocol
4. Application to the UTIAC
5. Serve Notice on the Respondent
6. UTIAC Review
7. Outcome

1. Obtain Legal Advice

Before applying for a judicial review, you should get legal advice from a qualified immigration solicitor. Our team of highly experienced lawyers will review your case and guide you through the judicial review application process.

2. Identify Grounds for Judicial Review

We will discuss your case with you to identify the specific reasons why you believe the decision made by the immigration authority is unlawful, irrational, or in breach of human rights. These grounds will form the basis of your application for judicial review.

3. Letter Before Claim / Pre-Action Protocol

Draft a "Letter Before Claim" addressed to the immigration authority responsible for the decision you are challenging. The letter should outline your grounds for judicial review and state that you intend to apply to the UTIAC if the decision is not reviewed or changed. Send the letter to the Home Office and retain evidence of its delivery.

4. Application to the UTIAC

If the Home Office fails to rectify the decision or respond adequately within a reasonable time frame, you can proceed with your application to the UTIAC. Fill out the judicial review form (UTIAC1), pay the application fee, and submit it to the tribunal along with any supporting documents or evidence that strengthen your case.

5. Serve Notice on the Respondent

You need to serve notice of your judicial review application on the Home Office. This means sending a copy of your application, related documents, and other necessary information to the relevant authority within specified time limits. There are specific rules regarding how to properly serve notice, so it is advisable to seek legal advice on this matter.

6. UTIAC Review

Once your application is accepted, the UTIAC will review the case. The tribunal will consider the written evidence and submissions provided by both parties and may request additional information or oral hearings if necessary.

7. Outcome

After reviewing the case, the UTIAC will issue its decision. The tribunal may uphold the decision being challenged, cancel it, or provide other appropriate remedies.

Please note that the Judicial Review (JR) process can be complex, and it is strongly recommended to seek guidance from an immigration lawyer to ensure you follow the correct procedures and meet the necessary deadlines.

Judicial review application fee

The first stage of judicial review application is the initial application (UTIAC1). The fee for the initial application is £169.

If your initial application is successful and permission is granted, then you will have to pay an additional fee of £847 for a final hearing.

How long does the judicial review process take?

The duration of a judicial review process in the UK can vary significantly depending on several factors, including the complexity of the case, the court's caseload, and whether the parties involved reach a settlement. On average, a judicial review in the UK can take several months to over a year to complete.

What is the time limit for judicial review in the UK?

The time limit for bringing a judicial review in the United Kingdom is typically three months. This means that you have three months from the date when the decision or action that you are seeking to challenge was made to initiate a judicial review.

Speak to our immigration solicitors on 0203 417 3700 to discuss your UK visa refusal letter, judicial review process and other available options.