Since the 1st November 2013 the Upper Tribunal (Immigration and Asylum Chamber) (“UT(IAC)”) has been the appropriate jurisdiction for starting a judicial review in the majority of decisions relating to immigration and asylum, not the Administrative Court.

The following immigration decisions, however, can only be challenged in the Administrative Court, High Court by way of Judicial Review:

  • A challenge to the validity of primary or subordinate legislation (or of immigration rules);
  • A challenge to the lawfulness of detention;
  • A challenge to a decision concerning inclusion on the register of licensed Sponsors maintained by the Home Office, UKVI;
  • A challenge to a decision concerning refusal or deprivation of British citizenship;
  • A challenge to a decision relating to asylum support or accommodation;
  • A challenge to the decision of the Upper Tribunal (UT) where no further appeal lies to the Court of Appeal;
  • A challenge to a decision of the Special Immigration Appeals Commission; and
  • An application for a declaration of incompatibility under the s.4 of the Human Rights Act 1998.
  • A challenge to a decision which is certified (or otherwise stated in writing) to have been taken by the Secretary of State wholly or partly in reliance on information which it is considered should not be made public in the interests of national security.

 While the Upper Tribunal’s and High Court’s approach to judicial review is similar there are key differences.

Judicial Reviews In The Administrative Court (High Court)

Pre Action Protocol Against Home Office UKVI
On Papers Appliction To High Court For Permission To Proceed With Judicial Review (JR)
Application For Renewal Of Permission At An Oral Hearing Before High Court
Substantive JR Hearing In High Court Following Grant Of Permission

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