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Judicial Review for Immigration

Name: RVS Solicitors
Address: 60 St Martin's Ln, London, UK, WC2N 4JS
Telephone: +44 20 3372 5125
Rating: 4.9

Updated: 8 December, 2023

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If you have been unsuccessful in gaining a visa, Sponsor Licence, or asylum in the UK, if you do not have the right of appeal, the only option available to you may be a judicial review.

The judicial review process is highly procedural and can be legally complicated, and as such should be handled by an experienced immigration solicitor who is well practised in preparing robust and successful applications for judicial review challenges.

At RVS Solicitors, we understand how precious your time is. We are a modern, vibrant, digitally-based law firm, who will tailor our services to your immigration law needs.

Clients engage us because we will take on their matters entirely, leaving them to concentrate on their lives, businesses, and families.

How RVS Solicitors Can Assist Your Judicial Review

We work with many high-net-worth individuals and families who are trying to move to the UK to make a better life for themselves, who meet the immigration criteria but have fallen foul of a procedural error or unfairness when UK Visas and Immigration (UKVI) assessed their case.

If this has happened to you, we know how unfair it feels and will fight your corner every step of the way.

We mean it when we say, we are not a traditional law firm; we care for the lives of our clients, and their families, and we do everything we can to make the process as easy as possible.

We make ourselves available as much as feasibly possible to speak to you if you ever have a question, concern, or just need to talk your case through.

What Is judicial review?

A judicial review allows a judge to review a decision made or action taken by a public body (such as UKVI). In more precise terms (and in the context of immigration law), it is the legal procedure which allows judges of the Administrative Division of the High Court, and the Upper Tribunal (Immigration and Asylum Chamber) to exercise jurisdiction over the lawfulness of any acts or omissions of UKVI, and a supervisory jurisdiction over inferior courts and tribunals. It is important to understand that a judicial review is an option of last resort and will only ever be undertaken once all other remedies have been exhausted.

A judicial review can be brought only under very specific grounds, including where has been:

Illegality
Irrationality (Unreasonableness)
Procedural impropriety
Legitimate expectation
A breach of the Human Rights Act, or;
A breach of EU law

By making a case to UKVI that we believe there has been a breach of one of the principles above, it is necessary to ensure that the case is as strong as possible and gives you the very best chance of success. RVS Solicitors are highly adept at making cases for judicial review that are legally robust and provide little basis for argument that a breach has occurred.

What is the process of applying for a judicial review?

Before invoking the judicial review process, RVS Solicitors will undertake a detailed assessment of the facts of your case, and the basis for the decision not to grant you a visa, or your organisation a Sponsor License. If we believe that you do have a valid case for a judicial review, we will outline our proposed strategy and the merits of your case.

We will then collate all of necessary information and documentary evidence which will support your case. We will endeavour to make this process as easy for you as possible, and we will work with your advisor, or any other person/s on your behalf to complete this information gathering process.

There is a strict time-limit on bringing claims for judicial review; challenges normally must be made within three months of the original decision.

The process of judicial review is as follows:

Step 1 – An initial letter to UKVI

The first stage is that we will draft a letter to UKVI, outlining where the breach occurred, and seek to have the decision overturned, without the need for any further action. This is often effective and can save a great deal of unnecessary time taking further legal measures

The next step will be to progress to the pre-action protocol stage. Before doing so, we will take the time to explain the pros and cons of taking the judicial review process, what will happen if you are successful, and what may happen if you are not (including the potential that you will need to pay costs to UKVI).

You can be assured that we have overseen many judicial review cases, and understand not only the process but also the pitfalls to avoid. We will always be fully transparent and open with you. If we believe your case lacks merit, or if there is a risk implicit in your case, we will explain this to you.

Step 2 – Pre-Action Protocol

The Pre-Action Protocol is a series of best practice procedures designed to be undertaken prior to bringing a claim for judicial review. The Protocol is aimed at ensuring parties exchange information and tries to encourage an early settlement through alternative dispute resolution methods such as mediation and/or negotiation.

As part of the Pre-Action Protocol, we will send the Home Office a ‘Letter Before Claim’. This will set out the details of the immigration decision being challenged and the date the refusal took place.

The Home Office should reply to the Letter Before Claim within 14 days. Failure to do so could result in court sanctions. We will keep a close eye on the time-frames, ensuring your claim does not become time-barred because of Home office inaction.

Often the receipt of a Letter Before Claim is enough to encourage the Home Office to review their original conclusion and provide a positive decision. This saves our clients time, money and stress, allowing them to continue with their lives.

To find out more about how we can assist you with a Judicial Review claim, please contact our London office on 020 3372 5125 or complete our online form to make an appointment.