There are circumstances where the concern is not simply that an immigration decision is wrong, but that the way the decision was made may be legally challengeable.
Judicial Review is a specialist legal procedure concerned with the lawfulness of a decision, action or failure to act by a public body.
It is not an alternative appeal against every Home Office refusal and specialist legal advice should be obtained before deciding whether Judicial Review is appropriate.
About Judicial Review
In immigration matters, Judicial Review can arise in relation to certain decisions or conduct by bodies including the Home Office and, in some circumstances, the First-tier Tribunal.
The central question is generally whether the decision or conduct was lawful rather than whether another decision would have been preferable.
Depending on the circumstances, another remedy such as an appeal may need to be considered instead.
Understanding What Has Happened
Judicial Review cases can arise from very different situations.
The first stage is therefore to establish:
- what decision or conduct is being challenged;
- when it happened;
- what reasons have been provided;
- whether another appeal or review procedure exists;
- what steps have already been taken;
- whether there is an urgent issue; and
- what documents and correspondence are available.
Because Judicial Review is specialist litigation, Knightsbridge does not assess the legal merits of bringing Judicial Review proceedings.
How Knightsbridge Helps
Knightsbridge Immigration can provide an initial triage and referral pathway.
We can obtain the relevant decision or correspondence, record the factual background and organise the available documentation.
Where the circumstances indicate that specialist consideration is required, we can, with your consent, introduce the matter to an appropriately authorised solicitor.
The solicitor will independently consider the case and decide whether they are able to advise or act. If instructed, the solicitor will issue their own client care letter, agree their professional fees with you and take responsibility for legal advice, strategy and proceedings.
Knightsbridge may continue to provide agreed administrative assistance where appropriate.
Time Can Be Critical
Judicial Review has strict procedural deadlines.
Proceedings generally need to be brought promptly, and different circumstances can require action considerably sooner than the maximum procedural period.
It is therefore important not to wait simply because a longer period may appear to be available.
Situations Requiring Urgent or Specialist Attention
These can include:
- removal or deportation issues;
- certification decisions;
- significant Home Office delay or failure to act;
- decisions where no ordinary appeal appears available;
- imminent deadlines;
- urgent consequences arising from a decision;
- previous legal proceedings; or
- cases where several possible remedies overlap.
Your Journey at a Glance
Problem identified → Initial triage → Specialist solicitor referral → Legal assessment → Pre-action steps where appropriate → Judicial Review proceedings if advised → Outcome
Do You Need Specialist Advice?
If you have received a decision or are dealing with Home Office action or delay that you believe requires specialist consideration, we can take the initial details and help direct the matter to the appropriate representative.
