Administrative Review and Judicial Review are the two primary routes for challenging Home Office immigration decisions in England and Wales. Administrative Review focuses on case‑working errors in eligible decisions, while Judicial Review examines the lawfulness of a decision, action, or failure to act.
Administrative Review
Eligibility
- Set out in Appendix Administrative Review (AR 1.1, AR 2.1‑2.3).
- The Home Office decision letter must state the right to apply, as required by Paragraph 34L of Part 1 of the Immigration Rules.
- Only decisions listed in the appendix are reviewable (e.g., refusals, cancellations, certain grants).
Time limits (AR 2.6)
- 7 calendar days – refusal of permission to stay or cancellation where the person is detained.
- 28 calendar days – refusal of an entry‑clearance application.
- 14 calendar days – refusal of permission to stay or cancellation where the person is not detained; also for a grant where the review concerns the length or conditions of permission.
- Out‑of‑time applications may be accepted under AR 2.14 if the decision‑maker is satisfied that it would be unjust to refuse.
How to apply
- Applications are made online via the UK government portal.
- The submission date is the date the online form is completed.
Scope of review (AR 3.1‑3.3)
- The reviewer re‑examines the evidence that was before the original decision‑maker.
- The question is whether the decision‑maker failed to apply or incorrectly applied the relevant Immigration Rules or published guidance.
- New evidence is only admissible in the limited exceptions listed in AR 3.3.
Possible outcomes
- Successful review: the original decision is withdrawn and reconsidered.
- Unsuccessful review: the decision remains, either unchanged, with some reasons withdrawn, or with additional/altered reasons.
Judicial Review
Purpose
- Reviews the lawfulness of a decision, not its merits.
- Recognised grounds in England and Wales:
- Illegality – decision exceeds legal authority.
- Procedural unfairness – breach of fair‑procedure rules.
- Unreasonableness/irrationality – decision so unreasonable that no reasonable authority would have made it.
- Breach of the Human Rights Act 1998.
Procedure
- Generally brought in the Upper Tribunal Immigration and Asylum Chamber; some matters start in the Administrative Court.
- Claim form must be filed promptly and no later than 3 months after the grounds arise (CPR 54.51), unless a shorter period applies.
- A letter before claim is required under the Pre‑Action Protocol for Judicial Review, except in urgent cases.
Remedy of last resort
- Judicial Review is used only when no adequate alternative (e.g., right of appeal or Administrative Review) exists.
Choosing Between Administrative Review and Judicial Review
- First step: If the decision is eligible for Administrative Review, it should normally be pursued first because it is a quicker, less costly remedy focused on correcting case‑working errors.
- Proceed to Judicial Review only when Administrative Review is unavailable, inadequate, or has been exhausted, and where the challenge concerns the legality or procedural fairness of the decision.
- Urgent or exceptional circumstances may justify bypassing Administrative Review, but this is rare.
Key Differences at a Glance
| Aspect | Administrative Review | Judicial Review |
|---|---|---|
| Focus | Case‑working errors (misapplication of rules) | Lawfulness of decision/action |
| Evidence | Original decision‑maker’s evidence; limited new evidence | No substantive re‑assessment; assesses legality |
| Eligibility | Defined list of decisions in Appendix AR | Available when no other remedy exists |
| Time limit | 7‑28 days depending on decision type (or out‑of‑time discretion) | Generally 3 months from when grounds arise |
| Venue | Home Office internal review | Upper Tribunal (Immigration & Asylum) or Administrative Court |
| Remedy | Decision withdrawn and reconsidered | Quashing, mandatory or prohibitory orders, or declarations |
Practical Advice
- Check the decision letter immediately for the Administrative Review right and the applicable time limit.
- Act promptly; missing the deadline usually results in an invalid application.
- Gather supporting evidence before the deadline; only limited new evidence may be admitted.
- Consider legal advice early to assess whether Administrative Review is sufficient or whether a Judicial Review may be required.
The information above reflects the immigration rules and Home Office policies in force as of May 2026. Immigration law is subject to frequent change; individuals should seek tailored legal advice for their specific circumstances.
Source article: immigrationbarrister.co.uk
