You can challenge the Home Office UKVI refusal decision if your immigration application has been refused  by the Home Office UKVI and you believe the refusal decision to be unlawful. You should have good grounds to challenge the refusal of your immigration application so that you can prove the refusal decision of the Home Office UKVI not to be in accordance with the relevant facts and laws (including immigration rules and case-laws).

You can legally challenge an unlawful decision of the Home Office, UKVI, decision of the HM Passport Office (HMPO) or an appeal decision if there are good grounds for the decision to be challenged by one of the available legal remedies. Home Office, UKVI immigration decisions also known as refusal letters can normally be challenged by way of Immigration Appeals, Administrative Review Against Home Office UKVI Refusal, Pre Action Protocol for Judicial Review (JR) Against The Home office, UKVI and Judicial Reviews (JRs) In The Upper Tribunal or Judicial Reviews (JRs) In High Court. As specialist immigration solicitors, we provide a vast range of legal services for challenging the refusal decisions of the Home Office UKVI. We also provide legal representations to our clients in challenging the delay on part of the Home Office UKVI in reaching a timely decision on the immigration application where the applicant is prejudiced by such delay.

Following are the various legal remedies available under the UK immigration laws to challenge the Home Office UKVI refusal decisions:

FAQs - Application To High Court For Reconsideration Of Permission At An Oral Hearing

What is the time limit for filing an application to Administrative Court, High Court for reconsideration of permission for Judicial Review at an Oral Hearing?

If your paper application for permission to proceed with the Judicial Review in High Court has been refused by the High Court judge, you have 7 days to file an application for decision to refuse permission to be reconsidered at an oral hearing.

What is an Oral Permission Hearing (OPH) at Administrative Court, High Court involving an Immigration Judicial Review?

At an Oral Permission Hearing (OPH) the claimant (normally via their legal representatives) before a single High Court judge will explain why they should be granted permission and the Home Office, UKVI will be given an opportunity to explain why permission should not be granted. The Home Office will instruct a barrister (counsel) to argue why permission should be refused. The High Court will then decide whether permission should be granted. A claim that is certified as being ‘totally without merit’ cannot renew to an Oral Permission Hearing (OPH).

What is a Rolled Up Hearing at Administative Court, High Court involving an immigration Judicial Review (JR)?

Sometimes an Oral Permission Hearing (OPH) is heard at the same time as the substantive hearing and this is called a rolled up hearing. This is more likely to happen where one party has made an application for the case to be expedited (i.e. heard sooner). A rolled up hearing has the advantage of getting the matter dealt with quickly and in practice is cheaper than the two stage process. At a rolled up hearing the judge will decide whether to grant permission as well as deciding the outcome of the judicial review if permission is granted.

What happens if permission to apply for Judicial Review is gratned or refused at Oral Permission Hearing (OPH)?

If permission to proceed with Judicial Review is granted, the matter will proceed to substantive JR hearing. If permission is refused, the Counsel for the Applicant can seek permission from the High Court to appeal to the Court of Appeal against the decision of the High Court to refuse permission to proceed with the Judicial Review.

What are the costs implications if an application for permission to apply for Judicial Review is refused by High Court at Oral Permission Hearing (OPH) stage?

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.

Can I appeal against the refusal of permission by the High Court at Oral Permission Hearing (OPH)?

If the High Court refuses your application for permission to apply for Judicial Review (JR), your legal representative can orally apply to the High Court for permission to appeal to the Court of Appeal against the decision of the High Court to refuse permission. In most cases, such oral request is also refused by the High Court which leaves the Applicant with the option of applying to the Court of Appeal itself for permission to appeal to the Court of Appeal to challenge the decision of the High Court.

Can Sunrise Solicitors act for my Judicial Review Oral Permission Hearing (OPH) at Administrative Court, High Court on No Win No Fee basis?

We can also act for you on no win no fee basis in relation to your application to the High Court for reconsideration of permission for Judicial Review at an oral hearing if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your application for reconsiderataion of permission for Judicial Review at an oral hearing is unsuccessful, you will not have to pay our fees for our professional services.

FAQs - Pre Action Protocol (PAP) Against Home Office UKVI

What is a Pre Action Protocol (PAP) against Home Office UKVI?

A pre-action protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI. A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’.  All of these terms refer to the same thing.

What is the time limit to submit a Pre Action Protocol (PAP) for Judicial Review (JR) against the Home Office UKVI?

You must have submitted the Pre Action Protocol (PAP) to the Home Office UKVI before you file the immigration Judicial Review against the Home Office UKVI. The time limit for filing an immigration judicial review against ther Home Office UKVI is 3 months from the date of the decision you are challenging.

Within how many days the the Home Office UKVI litigation depratment will respond to my Pre Action Protocol (PAP) letter?

The Home Office UKVI should respond to your Pre Action Protocol (PAP) letter within 14 days of receiving your Pre Action Protocol (PAP) letter. In some cases, the Home Office UKVI may ask for more time to respond to your Pre Action Protocol (PAP) letter. You can agree to such extended time for the response to your Pre Action Protocol (PAP) letter as long as you do not miss the deadline of filing Judicial Review in the relevant court within 3 months of the decision you are challenging.

What is the purpose of a Pre Action Protocol (PAP) letter against the Home Office UKVI?

The purpose of pre-action protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), act or omission of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant.

What are the implications of filing Judicial Review (JR) against the Home Office UKVI without complying with Pre Action Protocol (PAP)?

The court may make a legal costs order against you if you proceed to issue Judicial Review proceedings against the Home Office UKVI without complying with Pre Action Protocol (PAP).

What are the cost implications for the Home Office UKVI if they do not respond to the Pre Action Protocol (PAP) letter at all before the filing of Judicial Review (JR) in the court?

The court may penalise the Home Office UKVI by making a legal costs order against the Home Office UKVI for not responding to the Pre Action Protocol (PAP) within the given 14 days and/or before the filing of Judicial Review in the court.

What are the possible resonses of the Home Office UKVI to the Pre Action Protocol (PAP) letter?

The Home Office UKVI may respond to the Pre Action Protocol (PAP) as follows:

  • The Home Office UKVI may maintain their decision to refuse your immigration application;
  • The Home Office UKVI may agree to reconsider the application or your immigration matter;
  • The Home Office UKVI may agree to withdraw the refusal decision and grant you the relief you asked for.

FAQs - Judicial Review (JR) In High Court After Grant Of Permission

What happens after the permission to apply for Judicial Review (JR) is granted by the Administrative Court, High Court?

f permission is granted, either initially on the papers, or at an oral hearing, the Defendant is then required to respond fully and formally. Up to this point he will probably have relied upon "Summary grounds of opposition". The Defendant must now set out the decision-maker's position in full, providing evidence in the form of witness statements explaining the history of the case, the procedure followed, the reasoning process and so on.

What is the normal time limit for defendant to file grounds of defense after the grant of permission for Judicial Review (JR)?

Once permission is granted, the defendant must submit detailed grounds of defense within a specified time frame (35 days from the date of permission grant).

Is there a requirement to file Skeleton Arguments before the Substantive Judicial Review (JR) hearing?

Nearer the hearing date counsel for both sides will submit written arguments as to why the claim should either be allowed (on behalf of the claimant) or dismissed (on behalf of the Home Office). These are called skeleton arguments.

What is the court procedure for Substantive Judicial Review (JR) hearing at Administrative Court, High Court?

Procedure at the substantive hearing is very simple:

  • The Case will normally be heard by a single Judge from the Administrative Court Panel, that is Judges appointed to a panel because of their experience, and he will have read the papers beforehand
  • Counsel appearing for the Claimant introduces the case, refers to the witness statements and addresses the Court about the law. Counsel will often refer to cases previously decided by the Courts which concern similar points of law (called "precedents" or "authorities").
  • The GLD's Counsel will then present the case in answer to the Claimant.
  • Finally the Claimant's Counsel will have the last word and will address the Court again on any points arising from the Defendant's case.
  • The Court then considers the rival arguments and delivers a decision, either immediately or after taking time for consideration (a judgment delivered later is called a "reserved judgment").

All parties are required to prepare in advance an outline ("skeleton") argument for the use of the Court at the substantive hearing. This is part of a tendency to encourage parties to reduce their case as much as possible to writing, though the Court will still be anxious to let everybody have their say. So far as witnesses are concerned, remember that the aim of Judicial Review is to examine the legality of a decision, and to ensure that proper procedure is followed: the Court is not well equipped to carry out a fact-finding exercise and will not normally embark upon one. For that reason it is rare for the witnesses who have made statements to be called to give oral evidence or to be cross-examined on their statements. There is power in the Court to order it, but it is rarely exercised. That is another reason why the duty of candour has to be observed.

What are the various remedies which the High Court can grant at Substantive Judicial Review (JR) hearing?

The remedies which the Court may grant following a successful Judicial Review are:

  • A quashing order, by which the Court sets aside or cancels a decision (or subordinate legislation) found unlawful;
  • A prohibiting order, by which the Court forbids the public authority to perform an act found unlawful;
  • A mandatory order, by which the Court instructs the public authority to perform a public duty;
  • A declaration, by which the Court declares what the law is, for example that a decision is unlawful;
  • An injunction, usually an Order not to do something, but it can be positive;
  • Damages, by which (in limited circumstances) the Court can award financial compensation.
  • A declaration whereby the court can declare, by virtue of Section 4 of the Human Rights Act, that a certain provision of primary legislation is incompatible with a convention right.

In practice by far the most common order given by the Court to a successful Claimant is the quashing order on its own, even if the Claimant has sought, say, a prohibiting order with it. Where the Court has quashed a decision and remitted the matter to the decision-maker to make a fresh decision in accordance with the judgment of the Court, it will be unnecessary for the Court to add a prohibiting order as well.

Can Sunrise Solicitors act for my substantive Judicial Review at High Court on no win no fee basis?

We can also act for you on no win no fee basis in relation to your substantive Judicial Review hearing after the grant of permission by the High Court if we find that the chances of success in your Judicial Review claim are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your substantive Judicial Review hearing is unsuccessful, you will not have to pay our fees for our professional services.

FAQs - Application To Upper Tribunal (UT) For Permission To Apply For Judicial Review (JR)

What is the time limit for filing an application to the Upper Tribunal for permision to apply for Judicial Review?

An application to the Upper Tribunal for permission to apply for Judicial Review must be filed within 3 months of the date of decision which is being challenged in court. 

How can I apply to the Upper Tribunal for permission to apply for Judicial Review?

You can apply to the Upper Tribunal for permission to apply for Judicial Review (JR) by using T480 UTIAC Judicial Review Claim Form for challenging an immigration refusal decision. The claim form must include or be accompanied by -

  • a detailed statement of the claimant's grounds for bringing the claim for judicial review;
  • a statement of the facts relied on;
  • any application to extend the time limit for filing the claim form; and
  • any application for directions.

Where you are seeking to raise any issue under the Human Rights Act 1998, or a remedy available under that Act, the claim form must include the information required by paragraph 16 of the Practice Direction supplementing Part 16 of the Civil Procedure Rules.

The claim form must also be accompanied by

  • any written evidence in support of the claim or application to extend time;
  • a copy of any order that you are seeking to have quashed;
  • where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
  • copies of any documents upon which you propose to rely;
  • copies of any relevant statutory material;
  • a list of essential documents for advance reading by the court (with page references to the passages relied upon). Where only part of a page needs to be read, that part should be indicated, by side-lining or in some other way, but not by highlighting.
Can I make an application to the Upper Tribunal for urgent consideration or for interim relief?

If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form T483 UTIAC Judicial Review. Application for urgent consideration. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.

Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the Respondent and interested parties (by FAX and by post), advising them of the application and informing them that they may make representations directly to the Court in respect of your application.

A judge of Upper Tribunal will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.

If the Judge directs that an oral hearing must take place within a specified time the Upper Tribunal will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.

Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given by the Upper Tribunal to making a wasted costs order.

Within how many days after the JR being sealed by the court, I have to provide a sealed copy of the JR bundle to the Respondent?

The sealed copy of Judicial Review (JR) bundle must be served on the Respondent and any person that you consider to be an interested party (unless the court directs otherwise) within 5 days of the date of issue (i.e. the date shown on the court seal).

Within how many days I should file a Statement under Upper Tribunal Rule 28A (2)(b) in the Upper Tribunal?

You should lodge a Statement under Upper Tribunal Rule 28A (2)(b) in the Upper Tribunal within 7 days of serving the Respondent and other interested parties with a sealed copy of the JR bundle.

Within how many days after receiving the sealed copy of the JR bundle, the Government Legal Department (GLD) should file an Acknowledgement of Service (AOS) with the court?

In immigration cases, the Acknowledgement of Service (AOS) is filed by the Government Legal Department (GLD) on behalf of their client, the Home Office, UKVI. They must file the Acknolwedgement of Service (AOS) with the court within 21 days of being served with a sealed copy of the JR bundle.

What is the time limit for the Respondent to serve you with a copy of the Acknolwedgement of Service (AOS)?

The acknowledgement of service must be served upon you and the interested parties no later than 7 days after it is filed with the Upper Tribunal. Failure to file an acknowledgement of service renders it necessary for the party concerned to obtain the permission of the court to take part in any oral hearing of the application for permission.

What is the remedy available to me if my application for permission to apply for Judicial Review has been refused by the Upper Tribunal Judge on papers?

If application for permission to apply for Judicial Review is refused on papers, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing.

What is the next step in the Judicial Review matter if my application for permission to apply for Judicial Review is granted on papers?

If the judge grants permission and you wish to pursue the claim, you must lodge a further fee of £700.00 (or a further Application for Remission of Fee (Form EX160) with the Upper Tribunal within 7 days of service of the judge's decision upon you. If you do not lodge the additional fee, your file will be closed by the Upper Tribunal.

Will there be any legal costs implications if my application for permission to apply for Judicial Review is unsuccessful?

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the Respondent/interested party for costs will normally be made in the Acknowledgment of Service.

Can Sunrise Solicitors act for my application for permission to apply for Judicial Review on no win no fee basis?

We can also act for you on no win no fee basis in relation to your application to the Upper Tribunal for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay our fees for our professional services.

FAQs - Entry Clearance Appeals Against Refusal Of UK Visa

What is the time limit for filing an entry clearance appal against refusal of UK visa application?

You can file an entry clearance appeal to the First Tier Tribunal (FTT) against the refusal of your UK visa entry clearance application within 28 days of receiving the refusal decision.

How can I challenge the refusal of my UK visa application if I have not been given right to appeal?

In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your UK visa entry clearance application.

Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your UK visa application by way of Pre Action Protocol (PAP) and Judicial Review (JR).

What is the court fee for entry clearance appeal against refusal of UK visa entry clearance application?

The entry clearance appeal fee is:

  • £80 without a hearing
  • £140 with a hearing
Can Sunrise Solicitors carry out free assessment of UK visa refusal decision?

As part of our free immigration advice service, our expert team of free immigration solicitors can carry out free assessment of UKVI refusal decisions of your immigration application by the Home Office UKVI. If your immigration application has been refused by the Home Office UKVI and you believe the refusal is unlawful, you can scan and email your refusal letter to us on enquiries@sunrisesolicitors.co.uk and we can do free assessment of refusal decision.

Upon assessment of UK visa refusal, our expert immigration solicitors will be able to advise you whether or not there are good grounds for challenging the refusal letter.

Will Entry Clearance Manager (ECM) reconsider the refusal decision before the appeal is decided?

After the Appellant has filed all the documents with the court in the form of Appellant's bundle, the Court will give directions to the Respondent to reconsider the decision refusal decision. It is quite common for the refusal decision to be withdrawn as a result of such reconsideration by the Entry Clearance Manager (ECM) of the refusal decision.

What happens after the Entry Clearance Appeal has been allowed by the Immigration Judge at First Tier Tribunal (FTT)?

If your entry clearance appeal is allowed by the Immigration Judge at First Tier Tribunal, the Respondent has legal right to challenge the decision of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

If the Respondent does not file such application within the prescribed time limit, the Respondent will then proceed to issue the UK visa entry clearance to the Appellant normally within 12 weeks of the appeal determination being promulgated.

What option do I have if my entry clearance appeal is dismissed by the Immigration Judge at First Tier Tribunal?

If your entry clearance appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

FAQs - Application To Upper Tribunal (UT) For Reconsideration Of Permission At An Oral Hearing

How can I request a reconsideration of refusal of permission to apply for Judiciail Review on papers?

Request for an oral hearing must be made on the Notice of Renewal, Form 86b, (a copy of which will be sent to you at the same time as the judge's decision) and must be filed within 7 days of the judge's decision upon you (CPR Part 54.11 & 54.12).

What is the procedure court hearing at the Upper Tribunal for reconsideration of permission for Judicial Review at an oral hearing?

Notice of the hearing is given to you, the Respondent and any interested party by the Court List Office. An oral hearing is allocated a total of 30 minutes of court time. If it is considered that 30 minutes of court time is insufficient, you may provide a written estimate of the time required for the hearing and request a special fixture. Neither the Respondent nor any other interested party need attend a hearing on the question of permission unless the court directs otherwise. The legal representatives of the Applicant and the Respondent or any interested party will attend the court hearing and argue their case before the Upper Tribunal Judge.

What are the legal costs implications if my application for permission is refused at an oral hearing?

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.

How can I appeal against the refusal of permission for Judicial Review at an oral hearing?

If the Upper Tribunal refuses your application for permission to apply for Judicial Review (JR), your legal representative can orally apply to the Upper Tribunal for permission to appeal to the Court of Appeal against the decision of the Upper Tribunal to refuse permission. In most cases, such oral request is also refused by the Upper Tribunal which leaves the Applicant with the option of applying to the Court of Appeal itself for permission to appeal to the Court of Appeal to challenge the decision of the Upper Tribunal.

Can Sunrise Solicitors act for me on no win no fee basis in my application for reconsideration of permission for JR at an oral hearing?

We can also act for you on no win no fee basis in relation to your application to the Upper Tribunal for reconsideration of permission for Judicial Review at an oral hearing if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your application for reconsiderataion of permission for Judicial Review at an oral hearing is unsuccessful, you will not have to pay our fees for our professional services.

FAQs - Immigration Appeal Against Refusal Of In-Country Applications

What kind of refusal decisions can be challenged by way of immigration appeal to the First Teri Tribunal (FTT)?

You can appeal to the First Tier Tribunal (FTT) if your immigration application has been refused by the Home Office UKVI and you have been given right of appeal. Under section 82 of the Nationality, Immigration and Asylum Act 2002, a person may appeal to the Tribunal where a decision on an in-country application has been made to either:

  • refuse a protection claim
  • refuse a human rights claim
  • revoke protection status

Our specialist team of immigration appeals solicitors can provide expert advice and representations concerning following immigration appeals to the First Tier Tribunal (FTT):

Within how many days should I file an immigration appeal to the First Tier Tribunal to challenge refusal of an in-country immigration application?

The immigration appeal to the First Tier Tribunal (Ftt) should be filed within 14 days after the Home Office, UKVI sent the notice of decision to the appellant.

How can I challenge the refusal of my UK visa application if I have not been given right to appeal?

In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your immigraiton application for leave to remain.

Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your UK visa application by way of Pre Action Protocol (PAP) and Judicial Review (JR).

What is the court fee for immigration appeal against refusal of an in-country immigration application?

The immigration appeal fee is:

  • £80 without a hearing
  • £140 with a hearing
Can Sunrise Solicitors carry out free assessment of my refusal decision of in-country immigration application?

As part of our free immigration advice service, our expert team of free immigration solicitors can carry out free assessment of UKVI refusal decisions of your immigration application by the Home Office UKVI. If your immigration application has been refused by the Home Office UKVI and you believe the refusal is unlawful, you can scan and email your refusal letter to us on enquiries@sunrisesolicitors.co.uk and we can do free assessment of refusal decision.

Upon assessment of UK visa refusal, our expert immigration solicitors will be able to advise you whether or not there are good grounds for challenging the refusal letter.

What happens after the Entry Clearance Appeal has been allowed by the Immigration Judge at First Tier Tribunal (FTT)?

If your immigration appeal is allowed by the Immigration Judge at First Tier Tribunal, the Respondent has legal right to challenge the decision of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

If the Respondent does not file such application within the prescribed time limit, the Respondent will then proceed to grant leave to remain to the Appellant normally within 12 weeks of the appeal determination being promulgated.

What option do I have if my immigration appeal is dismissed by the Immigration Judge at First Tier Tribunal?

If your immigration appeal is dismissed by the Immigration Judge at First Tier Tribunal, you have a legal right to challenge the determination of the Immigration Judge by filing an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

FAQs - Judicial Review (JR) In The Upper Tribunal (UT) After Grant Of Permission

What is the next step after grant of permission to apply for Judicial Review?

Once permission is granted, the Application is required to pay the court fee known as continuation fee. The continuation fee must be paid within 9 days the decision of the Upper Tribunal granting permission to proceed with Judicial Review.

What court directions may be given by the Upper Tribunal after the permission for Judicial Review has been granted?

After the grant of permission, the Upper Tribunal will give directions for the parties to comply with. The Respondent is directed to submit detailed grounds of defense. Nearer the hearing date counsel for both sides will submit written arguments as to why the claim should either be allowed (on behalf of the claimant) or dismissed (on behalf of the Home Office). These are called skeleton arguments.

Can an Applicant rely on any new grounds after the grant of permission for Judicial Review?

The applicant may not rely on any grounds, other than those grounds on which the applicant obtained permission for the judicial review proceedings, without the consent of the Upper Tribunal.

If an Applicant wishes to rely on new grounds, the Applicant should file an application with the Upper Tribunal for permission to amend the grounds for Judicial Review (JR).

What happens at Substantive Judicial Review hearing?

At substantive Judicial Review hearing, oral arguments are made by both the Applicant's and Respondent's legal representatives. The court will then deliver a final judgment, which will either allow the application for Judicial Review and provide a form of relief in a court order, or dismiss the application by upholding the Home Office’s position.

Can Sunrise Solicitors act for my substantive Judicial Review hearing on no win no fee basis?

We can also act for you on no win no fee basis in relation to your substantive Judicial Review hearing after the grant of permission by the Upper Tribunal if we find that the chances of success in your Judicial Review claim are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your substantive Judicial Review hearing is unsuccessful, you will not have to pay our fees for our professional services.

Will I recover my legal costs from the Respondent if I win my case in the substantive Judicial Review hearing?

You are likely to be granted a legal costs order against the Respondent for payment of your reasonable legal costs incurred in relation to your Judicial Review matter if you win your Judicial Review following a substantive Judicial Review hearing.

Will there be any legal costs implications for me if I lose my case in substantive Judicial Review (JR) hearing?

If you lose your matter and Judge dimisses your Judicial Review following substantive Judicial Review hearing, the Judge is likely to order legal costs against you which means you will be ordered to pay the reasonable legal costs of the Respondent incurred in relation to the Judicial Review proceedings.

FAQs - Application To High Court For Permission To Apply For Judicial Review (JR)

Which immigration decisions can only be challenged by way of Judicial Review in the Administrative Court, High Court?

The following immigration decisions, however, can only be challenged in the Administrative Court, High Court by way of Judicial Review:

  • A challenge to the validity of primary or subordinate legislation (or of immigration rules);
  • A challenge to the lawfulness of detention;
  • A challenge to a decision concerning inclusion on the register of licensed Sponsors maintained by the Home Office, UKVI;
  • A challenge to a decision concerning refusal or deprivation of British citizenship;
  • A challenge to a decision relating to asylum support or accommodation;
  • A challenge to the decision of the Upper Tribunal (UT) where no further appeal lies to the Court of Appeal;
  • A challenge to a decision of the Special Immigration Appeals Commission; and
  • An application for a declaration of incompatibility under the s.4 of the Human Rights Act 1998.
  • A challenge to a decision which is certified (or otherwise stated in writing) to have been taken by the Secretary of State wholly or partly in reliance on information which it is considered should not be made public in the interests of national security.

 While the Upper Tribunal’s and High Court’s approach to judicial review is similar there are key differences.

What is the time limit to apply for Judicial Review in Administrative Court, High Court?

The Judicial Review (JR) in the Administrative Court, High Court should be lodged as soon as possible, but not later than 3 months from the date of the decision.

How can I apply for permission for Judicial Review in Administrative Court, High Court to challenge an immigration decision?

You can apply to the High Court for permission to apply for Judicial Review (JR) by using N461 Judicial Review Claim Form. The person who brings a claim for judicial review in High Court is known as the claimant and the person against whom the judicial review is brought is the defendant, normally the Secretary of State for the Home Department (‘SSHD’) but it can be an Immigration Officer or Entry Clearance Officer when their decision is being challenged.

The claimant sets out the grounds of their claim, and includes any evidence they wish to rely on and asks for permission to be granted. Once received by the High Court the application is ‘sealed’ by the court. This means the court stamps the application to show it has been received. The papers must then be served on the Defendant, the Secretary of State.

Can I file an application for urgent consideration of my immigration Judicial Review (JR) in the Administrative Court, High Court?

If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form N463: Application for urgent consideration. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.

Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the Respondent and interested parties (by FAX and by post), advising them of the application and informing them that they may make representations directly to the Court in respect of your application.

A High Court judge will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.

If the Judge directs that an oral hearing must take place within a specified time the High Court will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.

Within how many days the Defendant i.e. Government Legal Department acting for the SSHD should file an Acknowledgement of Service (AoS) after received a sealed copy of the JR bundle?

Once the grounds have been served on the Defendant, there are 21 days to file a paper response to the claim, this is known as an Acknowledgement of Service (AoS). The Acknowledgement of Service (AoS) allows the Home Office to confirm whether it accepts the claim detailed in the judicial review or whether they wish to contest the claim. If they are contesting the claim the AoS, will include their summary grounds of defence (SG) and any evidence the Home Office wishes to rely on as to why the claim should not be granted permission to proceed.

What is the decision making process for deciding an application for permission to apply for Judicial Review in the Administrative Court, High Court?

Once the court receives these documents a single judge will look at the papers and decide whether or not to grant permission. The test for granting permission is whether the judge thinks the claim is arguable. This is a low threshold. If the judge does not think the claim is arguable, the judicial review will be refused permission to proceed. Both parties are then notified of this decision by means of a court order. If permission is refused, the judge may also certify the claim as being ’totally without merit’. This is added when the judge considers the claim is completely hopeless. A ‘totally without merit’ finding stops the claimant from renewing their judicial review to an oral permission hearing, but they may appeal this decision to the Court of Appeal.

If the judge does consider the claim to be arguable, he or she will grant permission. In this circumstance, the case will proceed to a full substantive hearing. In either case, both parties are notified of the judge’s decision by means of a court order.

What are the costs implications if the application for permission for Judicial Review is refused by the High Court judge on papers?

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the Respondent/interested party for costs will normally be made in the Acknowledgment of Service.

Can Sunrise Solicitors act on no win no fee basis for my application to High Court for permission to apply for Judicial Review (JR)?

We can also act for you on no win no fee basis in relation to your application to the High Court for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay our fees for our professional services.

What are the various time limits for Judicial Review (JR) in Administrative Court, High Court involving immigration Judicial Review (JR).

It may be helpful to set out in summary form the principal time limits set by the Rules.

  • Claimant required to file his Claim Form "promptly and in any event not later than three months after the grounds to make the claim first arose": CPR 54.5
  • Claimant must serve Claim Form on the Defendant within seven days after date of issue: CPR 54.7
  • Defendant must file Acknowledgement of Service not later than 21 days after service of the Claim Form: CPR 54.8
  • If permission refused on the papers, the Claimant may within 7 days request reconsideration at oral hearing: CPR 54.12
  • If permission granted, the Defendant must file and serve his written evidence within 35 days after service of the order giving permission: CPR 54.14

Our Team Of Leading Immigration Lawyers

As specialist immigration lawyers, we pride in having one of the best team of specialist immigration solicitors and lawyers with wealth of knowledge and experience to deal with all types of UK immigration matters. Our top rated immigration lawyers have successfully helped thousands of clients with all types of UK immigration applications, appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review (JR).

Following are the leading immigration lawyers and solicitors in our team of immigration lawyers:

What Our Clients Say About Us In Google Reviews?

  • Friendly, fast response and very professional. Mr. Naviwala knows exactly what he's talking about and provides quick and straight forward advice. Would not hesitate to seek services here again. Can highly recommend.
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  • My LR case was very delicate and difficult to handle. I must say that Mr.Asad , Mr.Usman and Ms.Laurine were always very communicative, attentive to detail, creative and performed very naturally under pressure. I would definitely recommend their services to anyone in need for immigration related matter. I really appreciate the teams help for the right guidance in achieving the results.
  • I had a Zoom call to clear up some complex immigration issues surrounding financial requirements of moving to the UK from the US with my wife. Amir was extremely helpful and answered questions clearly, despite venturing into some quite complex and detailed parts of the application. I would definitely recommend speaking with Sunrise if you need help clarifying or understanding parts of the immigration process to the UK.
  • I had a quick question I couldn’t find an answer to anywhere. Amir was incredibly helpful in answering it but also went above and beyond to explain the other option relevant to it. Thank you so much!
Book An Appointment With Our Immigration Team

You can choose to book an appointment with one of the following immigration solicitors and lawyers depending on the type of your UK visa and immigration matter:

Mr Arshad Mahmood (Managing Director / Solicitor)

Areas of Expertise

Work Visas | Sponsor Licence | Student Visa | Dependants Of Work Visa Holders | BNO Visa | Applications For Adopted Children | Applications For Surrogate Children

Mr Amir Naviwala (Director / Solicitor)

Areas of Expertise

Family Visa | EU Settlement Scheme (EUSS) Applications | Long Residence Applications | Private Life Applications | Adult Dependent Relative (ADR) Applications | Naturalisation Applications | Visitor Visas

Ms. Nargis Khodadady (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Yogita Sharma (Immigration Solicitor)

Areas of Expertise

Skilled Worker Visa | Sponsor Licence | Dependants Of Work Visa Holders | Family Visas | Private Life Applications | Long Residence Applications | Naturalisation As A British Citizen

Mr Abdul Mutee (Immigration Solicitor)

Areas of Expertise

Compensation For Unlawful Immigration Detention

Mr Muhammad Usman Rasheed (Senior Immigration Caseworker)

Areas of Expertise

Skilled Worker Visa | Dependants Of Work Visa Holders | Family Visa | Long Residence Applications | Private Life Applications | Naturalisation Applications | Visitor Visas

Book An Appointment With Our Divorce & Family Law Solicitors

Ms. Angelica Manu (Divorce & Family Law Solicitor)

Ms. Yogita Sharma (Divorce & Family Law Solicitor)

Mr Arshad Mahmood (Divorce & Family Law Solicitor)

Miss Julia Francis-Owusuasefa (Divorce & Family Law Caseworker)