- Page Contents
- Overview
- No Win No Fee For Judicial Review Against The Home Office, UKVI
- Free Assessment Of The UK Visa Refusal
- Pre Action Protocol (PAP) Letter Before Filing Judicial Review (JR)
- Time Limit For Filing Judicial Review
- Application For Permission To Apply For Judicial Review (JR)
- Reconsideration Of Permission For Judicial Review (JR) At An Oral Hearing
- Substantive Judicial Review (JR) Hearing After Grant Of Permission
- Frequently Asked Questions (FAQs)
You can challenge the refusal of UK visa by way of Judicial Review (JR) against the Home Office UKVI if you do not have 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 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.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations in relation to your Judicial Review (JR) against the Home Office, UKVI. Our immigration solicitors can represent you in your Judicial Review (JR) against the Home Office UKVI on no win no fee basis. Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for challenging the UKVI decision by way of Judicial Review.
No Win No Fee For Judicial Review (JR) Against The Home Office UKVI
Our specialist team of immigration solicitors can act for your Judicial Review (JR) against the Home Office UKVI on no win no fee basis which means you will not have to pay our legal costs if you do not succeed in your Judicial Review and if we do succeed in the Judicial Review (JR) we will recover our legal costs from the Home Office UKVI.
The no win no fee agreement does not cover disbursements or third party costs e.g. court fee and Barrister fee in relation to your Judicial Review proceedings and you will have to pay such costs for us to prepare and issue the Judicial Review proceedings. If we recover our legal costs from the Home Office UKVI in the event of succeeding in Judicial Review proceedings, the disbursement which you would have paid would be refunded back to you as such disbursements will also be recovered from the Home Office UKVI. However, if we are not able to recover our legal costs from the Home Office UKVI, you will not be able to get the refund of court fee and the Barrister's fees.
Please note that we will only take on your case on no win no fee basis if we find that there are good grounds to challenge the unlawful decision of the Home Office UKVI.
- Other Related Pages
- Challenge UK Visa Refusals
- Administrative Review Of UK Visa Refusal
- Pre Action Protocol (PAP) Against Home Office UKVI
- Immigration Appeals UK
Free Assessment Of Refusal Of UK Visa and Immigration Application
Our free immigration advice solicitors and lawyers can assess your the refusal decision of your UK visa and immigration application free of cost to advise you whether or not you have any valid grounds to challenge the refusal of your UK visa and immigration application. If our specialist team of immigration solicitors and lawyers find that there are valid grounds to challenge the refusal of your UK visa, we will quote a fixed fee to provide legal representations for challenging the refusal of your UK visa and immigration application.
You can email the refusal letter of UK visa and immigration application to
Pre Action Protocol (PAP) Letter Before Filing Judicial Review (JR)
Unless 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 brining 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 decsion 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. Read More
Time Limit For Filing Judicial Review (JR) Against The Home Office UKVI
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.
The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.
There is no time limit for challenging omission or failure on part of the Home Office UKVI e.g. where you are challenging delay on part of the Home Office UKVI in making a timely decision on your UK visa and immigration application.
Application To The Upper Tribunal / High Court For Permission To Apply For Judicial Review (JR)
You can apply for permission to the Upper Tribunal or High Court, as appropriate, for permission to apply for Judicial Review (JR) against the Home Office UKVI after the Home Office UKVI has either failed to respond to the Pre Action Protocol (PAP) letter within 14 days or they have maintained the decision to refuse the UK visa or immigration application in their response to the Pre Action Protocol (PAP) letter. An application for permission to apply for Judicial Review (JR) against the Home Office UKVI must be filed in the court within 3 months of the date of the immigration decision being challenged by way of Judicial Review (JR). Read More
Application For Reconsideration Of Permission For JR At An Oral Hearing
You can apply for reconsideration of your permission to apply for Judicial Review (JR) against the Home Office UKVI at an oral hearing after the permission has been refused by the court on papers or permission has been granted subject to conditions or on certain grounds only. It is very common for application for permission for Judicial Review (JR) to fail at paper consideration stage and succeed at an oral hearing stage because the legal representations at an oral hearing stage are more effective and due consideration is also given by the Judge in an oral hearing than paper consideration of the permission application by the court.
Request for consideration of permission at an oral hearing must be made on the relevant application form provided by the court at the same time when decision on permission application is served on you. You must file the application for permission to be considered at an oral hearing within 7 days of the judge's decision being sent to you. Read More
Substantive Hearing After Grant Of Permission For Judicial Review (JR)
After the grant of permission to apply for Judicial Review (JR) against the Home Office, UKVI, the Substantive Judicial Review (JR) hearing will take place to decide whether or not the refusal decision of the Home Office UKVI was unlawful. It is very common that after the grant of permission to apply for Judicial Review, the Home Office UKVI will invite you to withdraw the Judicial Review (JR) from the court with mutual consent of the parties and upon the UKVI agreeing to reconsider the matter and agreeing to pay the reasonable legal costs of the Applicant / Claimant.
Ask a question to our specialist team of immigration solicitors for free immigration advice online concerning your UK visa and immigration matter or book an appointment online for detailed immigration advice with our specialist immigration solicitor with wealth of knowledge and extensive experience.
If the Judicial Review is not settled or withdrawn, the matter will proceed to Substantive Judicial Review hearing and sometimes there may also be a pre-hearing known as a case management conference, or an interim relief hearing to take a view on an urgent element of the Judicial Review (JR). Read More
FAQs - Judicial Review (JR) Against Home Office UKVI
Judicial Review (JR) in immigration cases is a legal process whereby the Home Office UKVI's unlawful refusal of a UK visa and immigration application can be legally challenged through legal proceedings in court. Through Judicial Review (JR), the court reviews the unlawfulness of an immigration decision. Suppose the decision is found to be unlawful. In that case, the court sets the decision aside so that the Home Office UKVI can make a fresh, lawful immigration decision on your UK visa and immigration application.
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.
The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.
There is no time limit for challenging the Home Office UKVI's omission or failure, e.g., where you are challenging the Home Office UKVI's delay in making a timely decision on your UK visa and immigration application.
Types of events (acts or omissions of the Home Office UKVI) that could be subject to Judicial Review (JR) are:
- a failure to act, such as a delay in issuing a document or making a decision
- the setting of removal directions, which usually means that the person lodging the JR believes their removal would infringe on their rights (for example, rights under the Refugee Convention, European Convention of Human Rights or European Community instruments)
- a refusal to accept that further submissions amount to a fresh claim
a decision to certify a claim as clearly unfounded - a decision to refuse a UK visa and immigration application where the applicant does not have the right to appeal against the refusal decision
- a decision to unlawfully detain a migrant in a detention centre
