Asylum & Humanitarian Protection
Immigration judicial review is a way to challenge the lawfulness of a decision made by the Home Office or an immigration tribunal. A judge looks at whether the decision was made lawfully, rationally and fairly, rather than whether it was right or wrong. It is a remedy of last resort, used when there is no right of appeal, or when other remedies have run out, for example where a claim has been certified, where further submissions have been refused, or where someone is being detained or removed unlawfully. The time limits are short and the rules are technical, so early advice matters a great deal. We assess your case quickly, act urgently where removal is imminent, and check whether you qualify for Legal Aid.
At a glance
What it challenges
The lawfulness of how a decision was made, not whether the decision was right. It is a remedy of last resort.
Where it is decided
Usually the Upper Tribunal (Immigration and Asylum Chamber). Some challenges go to the Administrative Court.
Time limit
Promptly, and no later than three months from the decision. Shorter for tribunal decisions. Urgent action can pause a removal.
Legal Aid available
Judicial review in asylum and immigration cases may be covered by Legal Aid. We check your eligibility when you first contact us.
Immigration judicial review is a legal challenge to the lawfulness of a decision made by the Home Office or an immigration tribunal. A judge looks at whether the decision was made lawfully, rationally and fairly, not at whether it was right. It is a remedy of last resort, used when no appeal or other remedy is available.
This is the key difference from an appeal. An appeal asks whether a decision was wrong on the facts or the merits. Judicial review asks whether the process was unlawful. The three main grounds are illegality, which means the decision maker acted outside their legal powers, irrationality, which means the decision was unreasonable or perverse, and procedural unfairness, which means the process that was followed was unfair. A breach of human rights or of a legal duty can also be a ground.
Most immigration judicial reviews are decided by the Upper Tribunal (Immigration and Asylum Chamber). Some, such as a challenge to the validity of the immigration rules, must instead be brought in the Administrative Court, part of the High Court. We advise on the right forum, the right grounds, and whether judicial review is the best route for your situation.
Judicial review may be the right step where you cannot challenge a decision in any other way. Common situations include the following.
A judicial review moves through several stages. The timetable can be quick, especially where removal is in prospect, so acting early is important.
Pre-action protocol letter
We usually begin by writing to the Home Office, setting out why we say the decision is unlawful and asking it to reconsider. This can resolve matters without going to court, but the time limit for the claim keeps running while this happens.
Application for permission
If the matter is not resolved, we lodge an application for permission, usually with the Upper Tribunal, showing that there is an arguable case. The Home Office then files its response, known as an acknowledgement of service, normally within 21 days.
Permission decision and oral renewal
A judge first decides on the papers whether to grant permission. If permission is refused, and the claim is not certified as totally without merit, you can usually renew the application at a short oral hearing within seven days.
Substantive hearing
If permission is granted, the case proceeds to a full hearing, where a judge decides whether the decision was lawful. Both sides put their legal arguments, and the judge gives a reasoned decision.
Remedies
If the challenge succeeds, the usual remedy is a quashing order, which sets the decision aside so that it must be made again lawfully. Other remedies include orders requiring or preventing action, a declaration, and in some cases damages.
Judicial review is a last resort with strict and short time limits, so it is important to seek advice quickly. The law in this area has changed: the Judicial Review and Courts Act 2022 largely removed the ability to judicially review an Upper Tribunal refusal of permission to appeal, once known as a Cart judicial review. There is also a costs risk, because an unsuccessful claim can lead to an order to pay some of the Home Office costs, and we always explain this risk before you proceed. The points on this page are a general guide, correct as at June 2026, and are not legal advice on your case.
We look closely at the decision, advise honestly on whether there is an arguable unlawfulness, and where there is, we send a clear pre-action letter to the Home Office setting out the grounds and asking it to reconsider.
If the matter is not resolved, we prepare and lodge the application for permission, with detailed grounds and the supporting evidence, in the correct court or tribunal and within the time limit.
Where you face imminent removal, we can make an urgent application for an order to pause it while your judicial review is considered, so that your case is not decided by the fact of removal.
We represent you through the permission stage and, if permission is granted, at the substantive hearing, and we advise on the remedy and on any further step if the decision does not go your way.
Judicial review in asylum and immigration cases may be within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on a financial assessment of your means and an assessment of the merits of your case. We check your eligibility for Legal Aid when you first contact us. Court fees and a costs risk can apply, and we explain both clearly before any step is taken. Where Legal Aid is not available to you, we set out in writing what any private fee would be before any work begins. There is no charge to find out where you stand.
Immigration judicial review is a legal challenge to the lawfulness of a decision by the Home Office or an immigration tribunal. A judge considers whether the decision was made lawfully, rationally and fairly, not whether it was right. It is a remedy of last resort, used when there is no appeal or other way to challenge the decision.
An appeal argues that a decision was wrong on the facts or the merits, and asks a tribunal to look again at the outcome. Judicial review argues that the decision was made unlawfully, and asks a judge to review the process. Judicial review is generally only available once any right of appeal or administrative review has been used or does not exist.
Most immigration judicial reviews are decided by the Upper Tribunal (Immigration and Asylum Chamber). Some types of challenge, such as a challenge to the validity of the immigration rules or legislation, must instead be brought in the Administrative Court, which is part of the High Court. We advise on the correct forum for your case.
You must act promptly, and in any event the application must reach the Upper Tribunal no later than three months after the decision you are challenging. Where you are challenging a First-tier Tribunal decision, the limit is shorter, normally one month. Because the limits are strict, it is important to get advice as early as possible.
It can. Where removal is imminent, we can make an urgent application asking the court or tribunal for an order to pause the removal until your judicial review has been properly considered. The application must explain the urgency and be supported by evidence, so reaching us early gives the best chance of acting in time.
If a judge refuses permission on the papers, you can usually renew the application at a short oral hearing, normally within seven days, unless the claim has been certified as totally without merit. We review the reasons for refusal carefully and advise honestly on whether a renewal, or another route, is worth pursuing.
Often, yes. Judicial review in asylum and immigration cases may be within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on your means and the merits of your case. We check your eligibility when you first contact us, at no charge to you.
Last updated: June 2026.
