UK Judicial Review for Immigration Decisions 2026

Judicial review is a type of legal process in UK in which a court examines the lawfulness of a decision or action made by a public body, including the Home Office, an entry clearance officer, or the first-tier tribunal for an immigration or asylum claim application, rather than looking at whether the decision was “right” or “fair”. 

In the context of immigration decisions, judicial reviews challenge the lawfulness of the decision and not the decision itself. Judicial review concerns whether the proper procedures have been followed, not whether the decision is right. The court will not overturn the decision by the Home Office, an entry clearance officer, or the first-tier tribunal.

This may mean that the Home Office can make the same refusal decision again, so long as it does so lawfully.

Depending on the circumstances and the most suitable option, one can appeal to the First-tier Tribunal or apply to the Administrative Court rather than making a judicial review application to the Upper Tribunal.

When to apply for a Judicial Review?

A person can apply to the UTIAC (Upper Tribunal Immigration and Asylum Chamber) for a judicial review to challenge the lawfulness of a refusal decision against their immigration or asylum claim made by a public body (Home Office or First-tier Tribunal), not the merit of the decision.

Before Judicial Review, one must use any other remedy available to them:

• Appeal (if allowed)

• Administrative Review (if allowed)

• Reconsideration Request (in limited categories)

A person can normally apply to the UTIAC (Upper Tribunal) for Judicial Review when they are challenging a Home Office immigration decision. Home Office/UKVI immigration decisions that can be challenged through Judicial reviews include, but are not limited to, the following:

• Visit visa refusals

• Leave to remain refusal (NO appeal rights)

• Human rights decisions “not considered a human rights claim.”

• Refusal of Administrative Review

• Unreasonable delay in deciding an immigration application

• Cancellation or Suspension of leave

• Sponsor licence decisions (limited categories)

• EUSS (EU Settlement Scheme) decisions without appeal

• Unlawful immigration detention

Judicial Review is a last resort, not a replacement for appeal rights.

However, a person should only use the judicial review process if they are challenging something on the grounds that it is illegal, unlawful, irrational, or unreasonable (according to the legal criteria). One should seek independent legal advice before deciding on the correct course of action.

Sending a PAP (Pre-Action Protocol) Letter   

Unless there is exceptional urgency, before starting court proceedings, a person considering applying for a JR is expected to send a Pre-Action Protocol letter (also known as a letter before claim) themselves or through a representative to the Home Office, requesting them to reconsider their decision. The Home Office must usually respond within 14 days.

A PAP response from the Home Office may resolve the dispute, meaning no Judicial Review is needed. Suppose a person does not receive a favourable response to their Pre-Action Protocol letter or does not receive a response at all. In that case, they can apply to the Upper Tribunal (or the High Court (in some cases)) for permission to apply for judicial Review.

Applying to the UTIAC (Upper Tribunal) for a Judicial Review

A person applying to the Upper Tribunal for a judicial review may either be legally represented or unrepresented. 

The first step is to apply to the Upper Tribunal to get its permission for the judicial review to proceed. After receiving the application, a judge at the tribunal will decide whether the applicant should be granted permission.

If the applicant has a representative (lawyer or litigant), the representative can lodge a Judicial Review claim in the Upper Tribunal. They must send the form UTIAC1 and documents using the HMCTS (HM Courts and Tribunals Service) E-Filing service.

For applicants applying on their own, the preferred method is the E-Filing service. Alternatively, they can email or send the completed and signed form with the appropriate arrangements for payment and documents to the regional office of the Upper Tribunal, which is closest to them. There’s a list of regional offices in the form.

The application for judicial review must be sent so that the tribunal receives it within the time limit, which is 3 months minus one day from the date of the decision that the applicant is challenging. If they apply late, an explanation for the late application will need to be given in the form. A judge will decide if a late application can still be considered.

The application for a judicial review is based on documents and is decided without an oral hearing. The court will look into the documents and then consider whether the case has legal merit. A judge, after reviewing the application and documentation, will either allow or refuse permission for a full hearing.  

The case moves to the next stage if the court grants permission.

Judicial Review application fees

A judicial review application has several stages. The first stage is to make an initial application (UTIAC1) for which the fee is £174. Depending on whether an initial application is successful and what happens next, the applicant will be required to pay additional fees.

Depending on whether the applicant’s initial Judicial Review application is approved and what happens next, the applicant will have to pay additional fees. If permission is granted by the tribunal, the applicant will need to fee of £874 for a final hearing. 

They can pay fees by:

• Sending a cheque, banker’s draft or postal order, made payable to ‘HMCTS.’

• Attending in person at the office counter or court 

• Payment by account (through a legal representative only)

• Making a bank transfer – they must contact the tribunal for a reference number before making the payment, and any future time they make a bank transfer to ‘HMCTS.’

Asking for an urgent Consideration of the Judicial Review Application 

The applicant may, in exceptional circumstances, be able to apply to the tribunal for an urgent consideration of their judicial review application. The tribunal usually reviews urgent applications on the day they receive them. 

There might be an exceptional circumstance if: 

• The applicant is soon going to be removed from the UK, or

• The applicant needs to be in the UK soon

The Home Office will have given the applicant a date on which they are due to be removed from the UK. This should help the applicant decide whether to apply for urgent consideration.

The preferred way to send an urgent application is the E-Filing service. Alternatively, the applicant can email or send the signed and completed form to the regional office (closest to them) of the Upper Tribunal. The form has a list of regional offices. The applicant must complete and return the form UTIAC4 with their UTIAC1 application.

Sending a request for urgent consideration after applying for the Judicial Review

Those who have already applied for the Judicial Review can still ask for urgent consideration to review their application using form UTIAC5 and paying the fee of £290 for it.

Serving copies of the JR (Judicial Review) application on the respondent and interested parties

The tribunal will send confirmation to the applicant that they have received their claim. The tribunal will provide the applicant with ‘sealed copies’ of their Judicial Review (JR) application. This means copies of the Judicial Review application that have been date-stamped by the tribunal and enclosed in an envelope using an official seal.

Within 9 calendar days of the date mentioned on the correspondence, the applicant must serve (send or hand) the sealed copies of the JR application on the respondent and interested parties named in the application. Failing to do so could result in the applicant’s case being ‘struck out’.

The primary respondent (public body) is the organisation whose decision or conduct is being challenged by the applicant as being unlawful. This might be:

• The Home Office, the ECOs (Entry Clearance Officers), caseworkers, and immigration enforcement

• The First-tier Tribunal (Immigration and Asylum Chamber), or

• The applicant’s local council

If any individual is going to be directly affected by the claim (e.g., a partner in a spouse visa case), the applicant must identify that person as an interested party and serve the application on them.

Within the same 9 calendar days, the applicant must also complete and send a form called ‘statement of service’ to the tribunal to confirm they have served a copy of the application on the respondent and any interested parties. Failing to do so could result in their case being ‘struck out’.

After they have filed their JR application and provided the sealed copies to the respondent and any interested party, the respondent and any interested party have 21 days to send a written response to the application.

A judge at the Upper Tribunal will then look at the applicant's JR application and any AOS (Acknowledgement of Service) and decide whether to permit the case to proceed to a judicial review hearing.

If the Tribunal Grants permission

If the judge decides that the applicant's case should go to a JR hearing, the applicant will need to pay the continuation fee using the UTIAC12 form.

The applicant will need to pay the fee of £874 within 9 calendar days of the tribunal sending them the judge's decision. Failing to do so will automatically result in the application being ‘struck out’, ending the claim.

Once the applicant has paid the fee, a final hearing date will be set.

If Permission is Refused

If a judge refuses to permit the applicant, they may decide that the application is:

• Totally without merit, or

• Not totally without merit

If the judge decides that the application is totally without merit, the applicant cannot go any further. However, they may appeal against the decision if they are given the right to do so. They will need to use the UTIAC14 form to apply for permission to appeal to the Court of Appeal.

The fee for a UTIAC14 application is £114.

The judge’s decision will include the time limit for making a UTIAC14 application.

On the other hand, if the judge decides that the application is not "Totally without merit", the applicant can apply for a reconsideration on the basis of the same grounds as their initial application by completing form UTIAC11.

The applicant will have to pay £438 as a fee to apply for a reconsideration on the same grounds. They must pay the fee within 9 calendar days of the date the Upper Tribunal sends them the judge’s decision. 

If the applicant does not pay the fee, their claim cannot proceed.

After paying for reconsideration, a different judge will review the applicant’s application at an oral permission hearing. If the judge grants permission, their case will proceed to a ‘substantive’ hearing (final hearing).

If the tribunal grants permission following the reconsideration hearing

The applicant will then have to pay the continuation fee of £436 using form UTIAC13. Failing to pay this within the specified time, as directed, the applicant will have their case automatically ‘struck out’.

Changing the grounds of the claim

If the applicant wants to change the grounds of their judicial review claim after a JR application has been served on a respondent and any interested parties, they must apply for permission using form UTIAC6.

If a claim is ‘struck out.’

If the applicant's case is ‘struck out’ (ended) by the Upper Tribunal and they want it to proceed, they will need to apply to the Upper Tribunal to reinstate it. For this, they will need to use the UTIAC6 form. The tribunal will then consider their application and decide whether to reinstate their case.

Before the final hearing

The applicant may need to ask the tribunal to act if they want something done before their hearing. For example:

• Applying for a summons for someone to attend the JR hearing as a witness

• Applying to adjourn a hearing that is at least 14 days away

• Telling the Upper Tribunal about a change in their legal representation

• Withdrawing their application or case

• Asking for copies of the tribunal documents

• Applying on notice (with or without any respondent’s consent)

• for seeking an adjournment of a hearing that is less than 14 days away

• to reinstate proceedings if their case has been struck out

• to change their grounds for applying for a judicial review

• for case management directions

Representation at an Immigration Judicial Review case hearing in the UTIAC (Upper Tribunal)

If there is a legal representative, for example, a solicitor, they must declare to the Upper Tribunal, using the form UTIAC17, that they hold rights of audience (legal right to appear before a tribunal or court and speak on behalf of a party) and are authorised to exercise those rights in the High Court.

They can:

• Submit the form using the HMCTS E-Filing service

• Email the form to utiac.courtclerks@justice.gov.uk

• Hand the form UTIAC17 to the clerk on the day of the hearing, who will deliver it to the presiding judge

If the legal representative does not hold the right of audience, they will not be able to represent the applicant in immigration judicial review proceedings in the Upper Tribunal.

Final (‘Substantive’) Hearing 

At the final hearing, a judge at the UTIAC will hear the Judcial Review (JR) case and decide whether the decision or conduct of the respondent was lawfully or procedurally correct.

If the judge decides that the respondent's decision or conduct was unlawful or illegal, they will decide whether or not the applicant should be granted the relief that they asked for in their claim and tell the respondent (Home Office) about any action they need to take.

Importantly, even if a JR is successful, the court does not mandate the Home Office to decide in the applicant's favour. Instead, it orders the Home Office to reconsider its visa refusal decision using the correct legal process. The Home Office may refuse the application again after reconsideration. 

As such, if the refusal is not based on legal error but on valid grounds, Judicial Review may not provide the applicant a solution.

Those who are not successful in their Judicial Review (JR) claim may be able to ask permission to appeal the Upper Tribunal's decision at the Court of Appeal, but they should take independent legal advice before doing so.

They may have to pay additional costs, such as the respondent’s court costs. They will get more information with the judge’s decision.

How can Visa and Migration help?

Judicial Review is an extremely complex and lengthy process. You should consult an immigration adviser, like Visa and Migration, before going ahead. 

We can provide you with essential support if you are considering a JR (Judicial Review) against your visa or asylum claim refusal in the UK. First, we will assess whether JR is the right remedy for your case, since it is only available when you have no right of appeal, and the refusal decision may be unlawful rather than simply unfavourable. We will review the Home Office decision letter, identify potential errors of immigration law, and advise whether your case has realistic prospects of success.

We will also prepare and send a PAP letter to the Home Office, outlining the legal issues and giving the Home Office an opportunity to reconsider their decision before formal JR proceedings. We try to get the Home Office to withdraw its decision without the need for JR.

However, if your case proceeds, we will help you gather relevant evidence and assist in organising the Judicial Review application, ensuring all deadlines and procedural requirements are followed. We will provide you an ongoing support and communication to help you navigate this complex legal route.