Judicial review

A court challenge where a Tribunal or Department decision involves jurisdictional error.

Judicial review is a case in a court about legal error. The court does not decide the visa again, and it does not hear the merits.

Our solicitors advise on whether there is a jurisdictional error, and appear where the court permits.

The courts

The court can set a decision aside and send it back to be decided again according to law.
The court does not grant the visa.
A strong set of facts, without a legal error, is not a ground of judicial review.

Strict time limits apply. They are set out in our FAQ on refusals, cancellations and appeals. Get advice before the date.
Where a merits review is still open, that is usually the first question. See merits review.
We read the decision before advising that a court proceeding should be filed.

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Send the decision. We will tell you whether there is a legal error worth taking to court, and the date by which that has to be filed.