Judicial Review & Pre-action Protocol

Where refusal decisions do not attract a right of appeal or administrative review, you may potentially challenge the decision by way of judicial review provided that the challenge is on the grounds of illegality, irrationality, or unfairness. 

That will be a decision made by the Home Office or a decision made by a court.

A judicial review can challenge the way a decision has been made, if you believe it was illegal, irrational or unfair. It is not about whether the decision was “right”, but whether the law has been correctly applied and the right procedures have been followed.

We can send a Pre-Action Protocol letter (PAP) or ‘Letter before Claim (Letter before Action)’ to the Home Office or the Immigration and Asylum Chamber if you intend to challenge a decision or action made by the department. 

If you would like advice and assistance in relation to submitting a Pre-Action Protocol letter or immigration judicial review, please contact us.

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