Judicial Review

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Judicial Review

Judicial Review is a legal process used to challenge unlawful or irrational decisions made by public bodies, including the Home Office. When there is no right of appeal or administrative review, Judicial Review may be the only available remedy to seek justice and prevent removal, deportation, or denial of rights.

What Is Judicial Review and Who Can Apply?

Judicial Review is not about whether a decision was “fair”—it focuses on whether the decision-making process was lawful, reasonable, and procedurally correct. It is most often used to challenge immigration refusals where:

  • No right of appeal is available

  • Administrative Review is not permitted or has failed

  • The Home Office has acted beyond its legal powers (ultra vires)

  • The process involved procedural unfairness, bias, or unreasonable delay

Common immigration cases involving Judicial Review include deportation orders, certified asylum claims, fresh claim refusals, unlawful detention, and visa delays.

Judicial Review is a complex legal remedy and must be pursued within strict deadlines—usually 3 months from the date of the decision. Permission must first be granted by the court before a full hearing can take place.

How Hermes Legal Can Help

At Hermes Legal, we offer specialist representation in Judicial Review matters, working with experienced immigration solicitors and counsel to protect your legal rights and challenge unlawful decisions.

1

Initial Case Assessment

We review the decision letter, supporting documentation, and case history to determine if Judicial Review is a viable option.

2

Pre-Action Protocol (PAP)

We prepare and submit a detailed Pre-Action Letter to the Home Office, giving them a chance to reconsider before court proceedings begin.

3

Filing for Judicial Review

If the Home Office does not respond or refuses to change the decision, we proceed with filing for permission to apply for Judicial Review in the Upper Tribunal or High Court.

4

Representation & Advocacy

We coordinate with barristers and provide expert legal support throughout the process, from permission stage to final hearing or settlement.

Our Services

Trusted Immigration Support for All Situations

We offer a full range of UK immigration services designed to support individuals, families, and businesses. From visa applications to appeals and asylum, our legal experts provide clear, strategic advice to help you navigate every stage of the immigration process with confidence.

Asylum and Overstayers

We offer legal assistance for asylum seekers, overstayers, and those making fresh or long-residence claims, protecting your rights under UK immigration law.

Personal Immigration

We provide expert support for spouse, fiancé, child, and partner visas, as well as guidance on securing indefinite leave to remain and UK citizenship.

Business Immigration

We support professionals and businesses with UK work visas, including skilled worker, innovator, start-up, and expansion visas, ensuring smooth, compliant entry.

Immigration Appeals and refusals

We help challenge visa refusals through judicial reviews, and appeals, ensuring your case is heard with strong legal representation.

Travel & Tourism

We assist travelers with UK visit visa applications and Electronic Travel Authorizations, including tourist visas, family visits, and business travel permits, ensuring seamless, compliant entry.

Immigration Appeals and refusals

We help challenge visa refusals through judicial reviews, and appeals, ensuring your case is heard with strong legal representation.

FAQS

Frequently Asked Questions, Overstayer Legal Support

If you’re considering a human rights claim or facing removal from the UK, it’s natural to have questions. We’ve compiled answers to the most common concerns to help you better understand your rights, the legal process, and how Hermes Legal can support your case with clarity and care.

Overstaying means remaining in the UK after your visa or leave to remain has expired, without renewing or switching to a new status.

Yes, in some cases. You may be eligible to make a human rights claim, long residence application, or fresh claim depending on your situation.

You must have lived continuously in the UK for at least 20 years to apply under this route, even if some or all of that time was without status.

Yes, it can impact future applications, but strong legal representation can help you explain and overcome this in many cases.

Having a British or long-resident child may strengthen your case under Article 8 (family and private life). We can advise based on your full circumstances.

Our Services