Not all applications result in a right of appeal. In this case, you can seek to challenge a decision made by the Home Office or an Entry Clearance Officer if you do not think it was lawfully made. This might mean that you do not think your evidence was appropriately considered or the decision has failed to take into account relevant legal precedents.
Judicial Review is a form of litigation in which you can sue a public body, such as a Government department, for not acting lawfully. This is, whilst often an effective remedy, costly and time-consuming. It is amongst the most detailed work we do and we will act alongside trusted barristers with whom we have good working relationships to assess your case and see if it can be taken forward.
Many types of immigration matters require Judicial Review. There are some areas which don’t attract rights of appeal, such as visit visas and applications made under the Points-Based System. Those seeking to challenge refusals of further asylum submissions can also consider this if appropriate. It is also a useful method to challenge cases which have been subject to very excessive delays.
Judicial Review is a complex process with numerous stages. We will always try to resolve matters as early on in the process as possible.
If a Judicial Review succeeds, this does not mean your application will. Rather the Home Office may be forced to take corrective action, such as reconsidering a matter or granting a right of appeal.