How Long Does a Judicial Review Take? Timeline and Expectations

Key Takeaways

• Judicial review challenges the lawfulness of decisions made by public bodies, including the Home Office, without assessing their merits.
• Time limits are strict; immigration judicial reviews typically require filing within three months of the decision.
• The process can take over a year, depending on the stage reached and whether the Home Office defends its decision.
• Expedited reviews are possible for urgent cases, potentially resolving matters within weeks or months.
• Legal advice is crucial to navigate the process, meet deadlines, and improve the chances of a positive outcome.

What is Judicial Review?

The judicial review proceeding is a legal procedure where courts review the acts or judgments of public bodies, such as the Home Office, to ensure they comply with the law. It concentrates on the lawfulness of the decision-making procedure rather than the merits of the decision itself. 

The courts assess whether the public body acted within its legal powers, followed fair procedures, or made decisions that were reasonable and justified. If found unlawful, the decision can be declared invalid or quashed. 

In immigration cases, judicial review plays a crucial role in challenging wrongful judgments made by the Home Office. Common grounds for immigration judicial review include refusals of visa or asylum applications, delays in processing, or cases where there is no right to appeal within the usual immigration framework.

How Long Do I Have to Apply for Judicial Review?

The judicial review process has strict time limits to ensure cases are brought promptly. In most situations, including immigration judicial reviews, an application must be filed within three months from the date the decision being challenged was made. 

For certain cases, such as planning decisions, the deadline is even shorter, usually six weeks. The courts also require that claims be filed “promptly,” even if they fall within the maximum time allowed. Unreasonable delays can get your case dismissed, even if you have a strong claim.

Must read: The Cost of Judicial Review: Budgeting for Your Case

How Long Does a Judicial Review Take?

The judicial review process is divided into several stages, each with its own timeline. While the overall duration can vary depending on factors like case complexity, court schedules, and urgency, the process typically takes between 9 months and over a year. Here is how long each stage requires:

Pre-Action Protocol

Before filing a judicial review claim, claimants must follow the Pre-Action Protocol. This involves sending a formal “letter before claim” to the public body being challenged. The letter outlines the contested decision, the challenge’s legal grounds, and the remedy sought. 

For Immigration Judicial Review claims, this letter should be sent to the Home Office. Claimants are encouraged to use the Home Office’s standardised form to ensure all relevant details are included and to facilitate a quicker response.

The Home Office or the particular public body is usually given 14 days to respond, though this period may be shortened in urgent cases. This stage aims to resolve disputes without litigation. Many cases are settled at this stage if the public body acknowledges its error or provides a satisfactory response.

If no resolution is reached, the claimant may proceed to file their judicial review application. This stage typically takes 2–4 weeks but can be expedited in urgent cases.

Filing the Claim

If the pre-action protocol does not resolve the issue, the next step is filing a judicial review claim. This must be done promptly and within the applicable time limit. Claimants must submit a claim form (Form N461), a statement of facts and grounds, supporting evidence, and a schedule of costs.

After filing, it must be delivered to the defendant and any relevant parties within seven days. This stage ensures that all parties are formally notified of the proceedings. Preparing and filing these documents typically takes 1–2 weeks.

Permission Stage

The permission stage acts as a filter to determine whether there are arguable grounds for judicial review. The application is assessed by a judge, who examines the documents to determine if the case should move forward.

Claimants can request an oral reconsideration hearing if permission is denied on paper. Scheduling this hearing may take an additional 3–6 months. If permission is granted at either stage, directions are issued to prepare for the substantive hearing.

The permission stage usually takes 2–6 months, depending on court schedules and whether an oral hearing is required.

Substantive Hearing

After permission is approved, the case advances to a full hearing where each side presents their detailed arguments. The court issues directions for filing further evidence and legal submissions before the hearing date. Both sides submit bundles and skeleton arguments outlining their legal positions.

The substantive itself is formal and focuses on legal arguments rather than witness testimony or evidence cross-examination. It usually lasts one day but can extend over several days in complex cases.

Substantive hearings are typically scheduled within 4–8 months after permission is granted, though delays may occur due to court backlogs.

Judgment

After the substantive hearing, the judge delivers their decision. In straightforward cases, judgment may be given immediately at the end of the hearing. However, in more complex matters, judgment may be “reserved,” meaning it will be delivered at a later date after further consideration.

Reserved judgments can take an additional 1–6 months to be issued. The decision will explain whether the public body acted unlawfully and outline any remedies granted (e.g., quashing orders or declarations).

Overall, judicial reviews generally take around 9 months to over a year from start to finish for non-urgent cases. Urgent cases can progress much faster, sometimes within weeks or even days, if the court applies expedited procedures.

You may also like: UK Immigration Judicial Review Forms: How to Fill Them Correctly

Overall Processing Times of Immigration Judicial Reviews

The processing time for an immigration judicial review can vary significantly depending on how far the case progresses before it is resolved. The timeline largely depends on whether the Home Office chooses to defend its decision or concedes at an earlier stage.

If the Home Office agrees to reconsider its decision after receiving a Pre-Action Protocol (PAP) Letter, you could receive an indication of this within approximately 14 days. This outcome would save time and avoid the need for a full judicial review application.

However, the process may take significantly more time if the Home Office chooses to contest its decision at any stage. When the case reaches a full hearing, the final decision might take over a year to be resolved.

Urgent cases, such as detention or imminent removal from the UK, may follow an expedited process. In these situations, the case can sometimes be resolved within a matter of weeks or months, depending on the court’s willingness to prioritise the matter.

Let Us Help You

If you’re considering a judicial review or need help challenging an immigration decision, Gulbenkian Andonian Solicitors is here to assist. Our experienced team offers clear guidance, tailored support, and a dedicated approach to achieving the best outcome for your case.

Contact us today for reliable legal advice and representation. Let us help you take the next step with confidence.