Judicial review

Immigration judicial review: heads of review and procedure

Judicial review is the process whereby the judges of the Administrative Division of the High Court, and from 1 November 2013 the Upper Tribunal (Immigration and Asylum Chamber) exercise jurisdiction over the lawfulness of acts or omissions of public bodies and a supervisory jurisdiction over inferior courts and tribunals.

Acts or omissions will be unlawful and open to review if they fall under one of the available public law grounds of judicial review. Key grounds include:

  1. illegality, ie where there was an error of law in the making of the decision

  2. irrationality (in the Wednesbury sense) or unreasonableness

  3. procedural impropriety and unfairness, and

  4. the decision was in breach of the Human Rights Act 1998 (usually involving an assessment of proportionality)

Consideration of the lawfulness of acts can also include consideration of the lawfulness of delegated legislation and of the Immigration Rules.

Judicial review is only available if an applicant has standing, ie sufficient interest in the decision, and if all other available remedies have been exhausted.

The issue of standing will generally not be in dispute

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Latest Immigration News

Home Office announces EU Entry-Exit System implementation for British travellers

The Home Office has announced that the European Union's Entry-Exit System (EES) commenced on 12 October 2025, requiring British passport holders to register biometrically on their first visit to Schengen area countries. The system mandates non-EU citizens to scan passports and provide fingerprints and photographs at EU borders, with registration valid for three years or until passport expiry. Implementation will be phased over six months until April 2026, with varying requirements across different ports during this period. Those travelling to Schengen area countries do not need to take any action before travelling and the process is free of charge. The EES has been introduced to replace passport stamping for all non-EU citizens and applies to Schengen area countries including Iceland, Liechtenstein, Norway and Switzerland, but excludes Ireland and Cyprus. British citizens with Withdrawal Agreement residence documents and UK-EU dual citizens using EU passports are exempt from the requirements. On exit, and for subsequent visits to a participating country, travellers will only need to scan their passport and provide either fingerprints or a photograph at the border. Children under 12 will not be fingerprinted but as per the new EU rules, all travellers, including babies, will be photographed and have digital records created. The government has provided £10.5m in funding for border infrastructure at juxtaposed ports including Eurostar at St Pancras, Eurotunnel at Folkestone and the Port of Dover, where processing will occur before departure from the UK.

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