Scope of advice
- Merits and remedy analysis
- Pre-action protocol correspondence
- Urgent applications and interim relief
- Upper Tribunal judicial review
- Administrative Court proceedings
- Delay and failure to decide
- Certification and procedural unfairness
- Alternatives, fresh applications and settlement
01 / The approach
Identify the legal error and useful remedy.
An adverse outcome is not enough. The proposed grounds must identify an arguable public-law error, and the remedy sought must materially advance the client’s actual objective.
02 / The approach
Exhaust or evaluate alternative remedies.
Appeal, administrative review, endorsement review, reconsideration or a fresh application may be available. Judicial review is generally a remedy of last resort and should be compared with those processes.
03 / The approach
Control time and evidence immediately.
Judicial review must be brought promptly and within the applicable longstop. Urgent removal, detention or status consequences can require immediate protective steps, preservation of evidence and a disciplined chronology.
Questions before proceeding.
Is judicial review an appeal?
No. It is a supervisory process concerned with the lawfulness of a public decision or failure to act, rather than a general rehearing of the immigration application.
Where are immigration judicial reviews filed?
Many immigration judicial reviews are handled by the Upper Tribunal, while others fall within the Administrative Court. Forum and transfer rules require case-specific analysis.
Must a pre-action letter always be sent?
Pre-action correspondence is normally important, but urgency can affect what is practicable. It does not stop time running and should not delay necessary protective action.
Can a fresh application be better than a challenge?
Sometimes. The choice depends on the error, available evidence, timing, cost, remedy and the client’s real objective. A challenge should not be pursued merely because a decision is adverse.
Primary material
Rules and official guidance.
Upper Tribunal Immigration and Asylum ChamberJudicial review information from the JudiciaryRights of appeal guidanceContinue your reading.
Complex immigration cases: decision, evidence and remedyRefusal, review or fresh applicationComplex and contentious immigrationContinue within this subject
Classify the decision, preserve the remedy and protect the objective.
A refusal, status problem or enforcement step should be analysed before a challenge or repeat application is chosen. Procedure, evidence and timing must be controlled together.
Family and status review
Map the family’s onward position, not an isolated application.
Quastels can review present status, family relationships, travel, work, children and the settlement or citizenship position the next step should preserve.
Map the family’s onward position ↗︎