Challenging an ILR Refusal with Judicial Review
When the Home Office refuses an ILR application and no ordinary appeal is possible, Judicial Review (JR) may be the only way to challenge the decision. A judicial review is not a re-hearing of your case, but a court process where a judge examines whether the Home Office acted lawfully and fairly. This remedy is used when a decision was illegal, irrational or made with procedural unfairness – for example, if the caseworker ignored key evidence or applied the rules incorrectly. It requires meeting strict conditions, but it offers a potential path to overturn an improper refusal.
Key Requirements for Judicial Review
A judicial review is not a general appeal; it must be based on an error of law or process.
Prompt Filing
A JR must be filed promptly, usually within 3 months of the refusal decision.
Error of Law
You must show that the Home Office's decision was unlawful, irrational, or procedurally improper.
Arguable Case
You must demonstrate that you have an arguable case that warrants a full hearing by a judge.
Application Process & Challenges
To start a judicial review, we prepare and file an application notice to the Upper Tribunal, setting out the legal grounds for the challenge. The Home Office then responds. The tribunal first considers whether to grant “permission” for the case to proceed. If permission is granted, a full hearing is scheduled. A successful JR could result in the decision being quashed and reconsidered by the Home Office. The tight 3-month deadline and the strict legal test are key challenges, making thorough preparation critical.
Why Choose Lexington Ashworth Solicitors?
Our legal team has considerable experience with immigration judicial reviews. We will promptly assess the refusal letter to identify any legal flaws and advise on the most effective grounds for challenge. We prepare the JR papers rigorously, liaise with barristers if needed, and navigate the complex tribunal procedures. As SRA-regulated immigration experts, we understand how to hold the Home Office to account and have a strong track record in appeals and reviews. If you are facing an ILR refusal, time is of the essence. Contact us for an urgent case review.
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