This legal process allows the courts to examine whether the refusal was unlawful. Should the court find the decision to be unjust, it will be overturned, requiring the Home Office to reconsider your visa application in accordance with the law. Our team of expert immigration solicitors is available to provide you with specialized legal advice and representation for your Judicial Review (JR) case against the Home Office UKVI. We offer our services on a no win, no fee basis, meaning you won’t be responsible for our legal fees if the review is unsuccessful. If successful, we will recover our costs from the Home Office. You can reach out to our team for free online advice or schedule an appointment for more comprehensive guidance on challenging the UKVI's decision through Judicial Review.

No Win, No Fee for Judicial Review (JR) Against the Home Office UKVI

Our immigration solicitors can handle your Judicial Review case on a no win, no fee basis. This arrangement ensures that you won't be charged for our legal services unless your Judicial Review is successful, in which case the Home Office will cover our costs. However, please note that this agreement does not cover third-party expenses such as court fees and barrister fees, which you would need to pay upfront. If the Judicial Review is successful, these disbursements will be reimbursed to you by the Home Office. Conversely, if the case is not successful, these costs will not be refunded. We will only agree to represent you on a no win, no fee basis if we believe there are strong grounds to contest the Home Office UKVI's decision.

Related Services:

1- Challenge UK Visa Refusals

2- Administrative Review of UK Visa Refusal

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

4- Immigration Appeals UK

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Free Assessment of UK Visa and Immigration Refusals

Our immigration solicitors offer a free assessment of your UK visa or immigration refusal to determine whether there are valid grounds for a challenge. If we identify a basis for a legal challenge, we will provide a fixed-fee quote for our services. You can email the refusal letter to info@visahotspot.com for a complimentary review of your case.

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Pre-Action Protocol (PAP) Before Filing Judicial Review (JR)

Before initiating Judicial Review proceedings, you are generally required to send a Pre-Action Protocol (PAP) letter to the Home Office UKVI, allowing them 14 days to reconsider their decision. If the Home Office agrees to review the case, Judicial Review may not be necessary, which can save you from incurring unnecessary costs. If the Home Office fails to respond within 14 days or upholds their refusal decision, you can then proceed with Judicial Review. It is crucial to file for Judicial Review within three months of the refusal decision.

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Time Limit for Filing Judicial Review (JR) Against the Home Office UKVI

Judicial Review applications must be filed within three months from the date of the decision being challenged. If you have previously sought an Administrative Review (AR) of the decision, the three- month period starts from the date of the AR decision. For cases involving a delay or inaction by the Home Office, there is no specific time limit for filing a Judicial Review.

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Applying for Permission to Proceed with Judicial Review (JR)

If the Home Office fails to respond to your PAP letter or maintains their refusal decision, you can apply to the Upper Tribunal or High Court for permission to pursue a Judicial Review. This application must be filed within three months of the decision in question.

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Requesting Reconsideration of JR Permission at an Oral Hearing

If your application for permission to proceed with Judicial Review (JR) against the Home Office UKVI has been denied on paper, or if permission was granted with conditions or only on specific grounds, you have the option to request a reconsideration at an oral hearing. It is not uncommon for permission applications that were initially refused on paper to be successful at an oral hearing, as the opportunity for legal representation and the judge’s direct engagement often lead to a more thorough consideration. To request reconsideration, you must use the designated application form provided by the court, which is served alongside the decision on your permission application. This application must be submitted within seven days of receiving the judge’s decision.

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Substantive Hearing Following Permission for Judicial Review (JR)

Once permission has been granted for Judicial Review (JR) against the Home Office UKVI, a substantive hearing will be held to determine the legality of the refusal decision. It is common for the Home Office to propose a mutual settlement before the hearing, offering to reconsider the decision and cover the applicant's reasonable legal costs in exchange for withdrawing the JR. If no settlement is reached, the case will proceed to a substantive hearing. There may also be preliminary hearings, such as a case management conference or an interim relief hearing, to address urgent aspects of the Judicial Review.

FAQs - Judicial Review (JR) Against the Home Office UKVIe

Judicial Review (JR) is a legal mechanism that allows you to challenge the Home Office UKVI's unlawful refusal of a UK visa or immigration application in court. The court examines the legality of the decision, and if it is found to be unlawful, the decision is nullified, requiring the Home Office to reconsider your application in accordance with the law.

To challenge a refusal decision, a Judicial Review (JR) must be filed within three months from the date of the decision. If the refusal followed an Administrative Review (AR), the three-month period starts from the date of the AR decision. This timeframe is strictly enforced, as per CPR Part 54.5(1), which requires that the application be made promptly and within the three-month limit. There is no specific time limit for challenging an omission or delay by the Home Office UKVI in processing a visa or immigration application.

Judicial Review (JR) can be used to challenge a variety of actions or inactions by the Home Office UKVI, including:

1- Delays in making a decision or issuing documents

2- Setting of removal directions that may violate your rights under international or regional agreements (e.g., the Refugee Convention, European Convention on Human Rights)

3- Refusals to accept further submissions as a fresh claim

4- Certification of a claim as clearly unfounded

5- Refusal of a UK visa or immigration application where no right to appeal exists

6- Unlawful detention of a migrant in a detention center.



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