Administrative Review vs Judicial Review (2025): Key Differences

If You’ve Had a Visa Refusal

A UK visa refusal can be devastating. You’ve spent months preparing documents, only to receive a letter saying your application was refused. For many people, it feels final — but in reality, it’s not the end.

You often have two main options to challenge a decision: an Administrative Review (AR) or a Judicial Review (JR). Understanding the difference between them is crucial to choosing the right path and avoiding costly delays.

At AHJ Immigration, we help clients every week who are unsure which route is best for their circumstances. The key is to know what each process does — and what it doesn’t.

Your Two Options Explained

Both reviews exist to correct mistakes, but they operate very differently.

Administrative Review (AR)
An Administrative Review is a process where the Home Office reviews its own decision. It’s only available for certain visa categories and must be based on a case working error.

Judicial Review (JR)
A Judicial Review, on the other hand, is conducted by a UK court. It doesn’t reconsider your visa application itself — it looks at whether the Home Office acted lawfully, fairly, or reasonably when making the decision.

Here’s a simple comparison to make it clearer:

Which One Is Right for You?

Choosing between AR and JR depends on why your application was refused.

If you believe the refusal was due to a clerical or factual mistake — such as a missing document that was actually provided, or a misread date — an Administrative Review is usually the right step.

But if your refusal involves unfair procedure, bias, or unlawful interpretation of the rules — for example, being denied the chance to provide evidence, or a misapplication of law — you may need to consider Judicial Review.

Example: Mr Khan’s Skilled Worker Refusal

Mr Khan applied for a Skilled Worker Visa in late 2024. His refusal letter stated that his Certificate of Sponsorship was invalid. After review, we discovered the certificate was valid but the caseworker had entered the wrong SOC code.

Because it was a clear administrative error, an Administrative Review was filed. Within seven weeks, the decision was overturned, and the visa was granted.

However, when decisions are procedurally unfair, such as rejecting an appeal right or ignoring evidence, Judicial Review becomes the only viable remedy.

“It’s not about which route is faster — it’s about which one is legally appropriate. Filing the wrong type of review can waste precious time and reduce your chances of success.”
— Baz Jabbar, Senior Immigration Adviser at AHJ Immigration

What Happens Next?

Each route follows a strict timeline, and missing a deadline can mean losing your right to challenge.

Administrative Review Process

1. Receive the refusal notice — it must specify if AR is available.
2. Submit your AR request within 14 or 28 days (depending on location).
3. Provide clear written grounds explaining the Home Office error.
4. Wait for outcome — most reviews conclude within 12 weeks.

The Home Office cannot introduce new reasons for refusal during AR, but they can maintain their original decision. If it’s not overturned, you may still pursue JR afterward.

Judicial Review Process

1. Pre-Action Protocol (PAP) — a formal letter to the Home Office explaining why the decision is unlawful and what remedy you seek.
2. Response period — the Home Office has 14 days to reply.
3. Permission stage — if unresolved, your solicitor files a claim in the Upper Tribunal (Immigration and Asylum Chamber).
4. Substantive hearing — the court decides whether the Home Office acted unlawfully.

If successful, the decision is quashed and the Home Office must reconsider your case — often leading to a new decision or approval.

Common Questions and Myths

Can I apply for both AR and JR at the same time?
No. You usually must complete the AR first if it’s available. Judicial Review is typically the last resort once internal remedies are exhausted.

Do I need a solicitor for an Administrative Review?
It’s not mandatory, but it’s strongly recommended. A clear and well-structured review request often determines success.

Can I submit new evidence in an AR?
No. AR only looks at whether a case working error was made based on the evidence you already provided.

What’s the success rate for Administrative Review?
It varies between 15% and 40%, depending on the visa category and quality of representation.

What if my visa delay is unreasonable?
You can use Judicial Review to challenge unreasonable delay, even if your application hasn’t been refused yet.

Why Choose AHJ Immigration

At AHJ Immigration, we specialise in UK visa refusals, appeals, and complex reviews. Our OISC-regulated advisers handle both Administrative and Judicial Review cases daily — from Skilled Worker refusals to family and human rights applications.

We understand that time is critical. We’ll review your refusal, identify whether AR or JR applies, and build a clear strategy to get you back on track.

Free 30-Minute Case Assessment — Find Out If Administrative or Judicial Review Is Right for You.

We’ll assess your case, explain your options clearly, and help you act within the deadlines.

Frequently Asked Questions

1. How long does an Administrative Review take in 2025?
Most take 8–12 weeks, but some complex cases can take longer if evidence needs verification.

2. Can Judicial Review overturn a refusal completely?
The court doesn’t issue a visa — it orders the Home Office to reconsider. However, in most successful cases, the new decision is positive.

3. What if my AR was refused — can I still apply for JR?
Yes. If you believe the AR was also unfair or failed to consider key points, you can pursue Judicial Review afterward.

4. How much does a Judicial Review cost in the UK?
Legal fees vary based on complexity, but AHJ offers fixed-fee initial advice and representation to keep costs transparent.

5. Can I remain in the UK while waiting for a Judicial Review?
In most cases, yes — if you submit your claim within the permitted timeframe and your immigration status allows it. Always confirm with your adviser.

If your visa has been refused or delayed, act quickly. The sooner you get advice, the stronger your case.

Free 30-Minute Case Assessment — Find Out If Administrative or Judicial Review Is Right for You.

Our advisers will review your refusal letter, identify the correct route, and guide you step-by-step through the process.