Challenging Unlawful Home Office Decisions Across London
Judicial review is a powerful legal remedy that allows individuals and businesses to challenge unlawful, unreasonable or procedurally unfair decisions made by public bodies such as the Home Office. Kreston Solicitors acts for clients across London in immigration judicial review proceedings in the Upper Tribunal (Immigration and Asylum Chamber) and, where appropriate, the Administrative Court. Our London judicial review solicitors serve clients from Enfield, North London and throughout Greater London and the UK.
Judicial review is not a ‘second appeal’. It is a specialist process with strict deadlines and demanding procedural requirements. Whether your case will succeed depends not only on the strength of your arguments but on how quickly and carefully they are presented. Our immigration lawyers in London act decisively when time is short.
When Is Judicial Review Appropriate?
Judicial review may be available when there is no other effective right of appeal or administrative review, or where an existing remedy has been exhausted. Common examples include:
- Refusal of a visa or further leave to remain with no right of appeal
- Certified human rights or protection claims (including 'clearly unfounded' certifications)
- Refusal of fresh asylum or human rights submissions
- Removal and detention decisions
- Decisions of the Upper Tribunal to refuse permission to appeal
- Unreasonable delay by the Home Office in deciding applications
- Sponsor licence suspensions, revocations or refusals
- Refusals of visit visas in compelling circumstances
- Age-assessment and trafficking decisions
- Immigration bail decisions and continued detention
Grounds for Judicial Review
A judicial review claim usually argues one or more of the following:
- Illegality - the decision-maker misapplied the law or acted outside their powers
- Irrationality - the decision is so unreasonable no reasonable decision-maker could have reached it
- Procedural unfairness, the decision-maker failed to follow a fair procedure, for example by not disclosing key evidence
- Breach of Convention rights under the Human Rights Act 1998 (such as Article 8 (right to private and family life, or Article 3) prohibition of inhuman treatment)
- Breach of the public sector equality duty or published policy
How Our London Judicial Review Solicitors Work
- Stage 1, Initial Advice
- Stage 2, Pre-Action Protocol Letter
- Stage 3, Issuing the Claim
- Stage 4, Permission Stage and Substantive Hearing
- Stage 5, Injunctions and Emergency Remedies
Costs and Funding
Judicial review is a complex form of litigation and costs can be significant. We discuss fees with you clearly at the outset and, where appropriate, offer fixed fees for the pre-action stage. Please note Kreston Solicitors is a private firm and does not undertake Legal Aid work; if your matter may be suitable for Legal Aid we will signpost you appropriately.
Why Choose Kreston Solicitors?
- London-based office in Enfield, serving clients across Greater London and nationwide
- Experience in a broad range of immigration and asylum judicial reviews
- Close working relationships with leading immigration counsel
- Clear, realistic advice on prospects, we will not take on a case we do not believe in
- Responsive service with fast turnaround when deadlines are tight
Contact Our Judicial Review Team in London
If you believe a Home Office decision is unlawful, contact Kreston Solicitors today. Time limits for judicial review are strict (often as little as three months, and sometimes shorter) so please do not delay.
FAQs
Frequently Asked Questions
You must usually bring a claim for judicial review promptly and in any event within three months of the decision challenged. Shorter time limits can apply, for example in removal cases. Delay can itself be a reason for a claim to fail, so it is vital to get advice from a judicial review solicitor quickly.
Not automatically. If the court finds in your favour, it will usually quash the decision and order the Home Office to reconsider. However, a successful judicial review is often followed by a positive grant of leave once the Home Office properly applies the law.
In many cases you can. Lodging a judicial review against a removal decision can give rise to protections against removal, and our London immigration lawyers can apply for an injunction in urgent cases. Your immigration status during proceedings depends on your circumstances, we will advise you specifically.
Most judicial reviews are argued by specialist counsel (barristers) instructed by solicitors. We have strong relationships with leading immigration and public law barristers in London and will instruct the right counsel for your case at the right time.
Yes. Kreston Solicitors is based at 44 London Road, Enfield, convenient for clients across North London, Haringey, Barnet, Waltham Forest, the City of London and beyond. We also advise clients nationwide by phone and video call.
Costs depend on the complexity of the case and how far it proceeds. Settled pre-action responses are usually the cheapest outcome; full hearings the most expensive. We give you a clear fee estimate at each stage so you can make informed decisions.
Yes. Sponsor licence refusals, downgrades, suspensions and revocations can usually only be challenged by judicial review. Given the impact on your business, urgent legal advice is essential, time limits are short and the evidence must be strong.