Judicial Review & Pre-Action Protocol
Judicial Review & Pre-Action Protocol (PAP) Solicitors in the UK
Judicial review is a legal remedy used to challenge unlawful immigration decisions where there is no right of appeal or administrative review available. It focuses on whether the Home Office or tribunal has acted unlawfully, unfairly, or irrationally, rather than reconsidering the merits of the application itself. Judicial review cases are often time-sensitive and require precise legal analysis.
Not sure whether judicial review is the correct route?
Who Is This Service For?
- Those whose immigration application was refused without appeal rights
- Individuals facing removal where no appeal right exists
- Those challenging delays in Home Office decision-making
- Applicants refused fresh asylum claims
- Anyone subject to an unlawful immigration decision
- Sponsors challenging sponsor licence decisions
Common Refusal Reasons
Permission Refused - No Arguable Case
The court found the claim did not disclose an arguable ground of unlawfulness.
Alternative Remedy Available
Judicial review refused because an appeal or other remedy was available and should have been used.
Delay - Out of Time
Claim lodged outside the strict time limits without good reason for the delay.
Merits Review Attempted
The claim sought to challenge the merits of a decision rather than its lawfulness.
Premature Claim
Judicial review brought before allowing the decision-maker reasonable time to respond to representations.
Academic - Decision Overtaken
The claim became academic because a fresh decision was made or circumstances changed.
- Documentation Guide
Evidence Requirements
Comprehensive documentation needed to build a strong case
1 Pre-Action Protocol 5 documents required
2 Grounds of Review4 documents required
We Help You Compile Evidence
Our solicitors guide you through gathering the right documents, ensuring nothing is missing and everything is presented in the format the Home Office requires.
Important Deadlines & Risks
3-Month Time Limit
Judicial review claims must be brought 'promptly' and in any event within 3 months. In practice, much shorter periods may apply.
Pre-Action Protocol
Before issuing proceedings, you must usually send a pre-action protocol letter giving the decision-maker a chance to respond.
Costs Risk
Unsuccessful judicial review claimants may be ordered to pay the defendant's costs. This is a significant financial risk.
Permission Stage
Claims must first obtain permission to proceed. Many claims are refused at this stage without a full hearing.
* Timeframes are estimates only and may vary depending on individual circumstances and Home Office processing times.
How We Act as Your Solicitors
1
Merits Assessment
We analyse your case to identify whether there are arguable grounds for judicial review and advise honestly on prospects.
2
Pre-Action Protocol Letter
We draft detailed pre-action letters setting out the grounds of challenge and giving the Home Office opportunity to reconsider.
3
Urgent Relief
Where removal is imminent, we can apply urgently for interim relief to prevent removal while the judicial review is determined.
4
Claim Preparation
We prepare comprehensive claim documents including grounds, witness statements, and supporting evidence bundles.
5
Permission and Hearing
We represent you through the permission stage and, if granted, at the substantive hearing before the court.
6
Onward Appeals
If judicial review is unsuccessful, we advise on prospects of appeal to the Court of Appeal where grounds exist.
Case Examples
Asylum - Further Submissions
Home Office refused to treat further submissions as a fresh asylum claim. We successfully argued the decision was legally flawed for failing to consider new country evidence.
Application Pending 3+ Years
Client's leave to remain application had been pending for over three years with no decision. We brought judicial review for failure to make a decision within reasonable time.
Sponsor Licence
Sponsor licence revoked. Our pre-action letter identified legal errors in the decision. The Home Office agreed to reconsider before proceedings were issued.
Removal Prevented
Client facing imminent removal with no appeal rights. We obtained urgent interim relief preventing removal pending determination of judicial review of the fresh claim refusal.