This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Challenging a public body decision? Missing a deadline can end your claim. Learn when the clock starts, the three-month deadline, and how to protect your right to appeal.
A judicial review is a legal procedure by which courts supervise the exercise of public power, including decisions made by the Home Office, local authorities or immigration tribunals. It ensures public bodies act lawfully, fairly and within their legal powers. One of the most critical aspects of starting a judicial review is time limits: applications must be made within defined statutory or case‑law deadlines. These time limits protect certainty in administrative law and encourage prompt challenges, but they are strict. Failing to comply with them usually means a court will not consider the substance of your claim. This article explains the applicable time limits in the United Kingdom, how they operate, exceptions, and practical considerations for individuals contemplating judicial review of removal decisions, refusals or other public law actions.
Legal Basis for Time Limits
Judicial review time limits are governed primarily by Civil Procedure Rule (CPR) Part 54, common law principles, and specific statutory or tribunal rules in certain contexts. In immigration law, judicial review applications are usually made to the Upper Tribunal (Immigration and Asylum Chamber), and time limits are interpreted in light of both CPR Part 54 and immigration‑specific practice.
General Time Limit: “Promptly” and Three Months
Under CPR Part 54, a judicial review claim must be filed:
- Promptly; and
- No later than three months after the grounds for the claim first arose (often the date the decision was made or communicated to the claimant).
The requirement to act “promptly” means there is an expectation that challenge will be pursued early in that three‑month period. In practice the courts scrutinise delay and may refuse permission if they consider the claimant has waited too long, even within the three months.
Shorter Time Limits in Immigration Matters
Immigration Decisions
For many immigration and asylum decisions, the three‑month rule still applies. An application must be received by the Upper Tribunal no later than three months after the date of the decision being challenged (for example a refusal of asylum, visa or leave to remain).
“Cart” Judicial Reviews (Challenges to Tribunal Permission Decisions)
A Cart judicial review is a specific type of judicial review brought to challenge the Upper Tribunal's refusal to grant permission to appeal a First‑tier Tribunal decision. In such cases, time limits are much shorter:
- The application must normally be filed within 16 days from the date that notice of the Upper Tribunal's refusal decision was sent to the applicant.
This shorter limit reflects a policy that challenges to permission decisions should be resolved quickly.
When Does the Time Limit Start to Run?
Time limits usually run from the date the decision was made or communicated to the applicant. In immigration cases this is typically when the Home Office or a tribunal serves the written decision on the claimant. It is the date of service that counts for time limits rather than the date printed on the decision letter.
The clock does not stop while you are receiving legal advice; it continues from the relevant start date even if you are unaware of the precise legal implications. Prompt action is therefore essential.
Urgent Situations: Removal and Deportation Cases
In exceptional cases, particularly where a removal direction or deportation is imminent, claimants often need to act very quickly, sometimes within days or hours of the relevant notice. This is because delays may make it impossible to obtain meaningful relief before the removal is effected. Courts have recognised that in urgent immigration cases, judicial review may need to be issued within a week, 72 hours, or even 24 hours depending on the specific circumstances.
Although CPR Part 54 still applies, claimants can apply for urgent consideration or interim relief (such as a stay of removal) when filing the judicial review application to ask the tribunal to prioritise their case.
Extensions of Time
The court has limited power to grant extensions of time under CPR Part 3.1 where the strict time limit has expired. To succeed in obtaining an extension, an applicant generally must demonstrate:
- A good reason for the delay;
- No prejudice to the other parties; and
- That the interests of justice support allowing a late application.
Extensions are rarely granted in immigration cases without strong justification, particularly where removal or other enforcement actions may be at stake.
Pre‑Action Protocol and Time Limits
Before starting judicial review proceedings, claimants are usually required to send a Pre‑Action Protocol Letter (often called a Letter Before Claim) to the public body (for example the Home Office), outlining the proposed legal challenge and inviting reconsideration. While the Pre‑Action Protocol does not pause or extend the statutory time limit in most cases, it is considered good practice because it may lead to a resolution without formal litigation and helps comply with procedural expectations.
Practical Steps to Comply with Time Limits
1. Track the Decision and Date of Service
Understand clearly when you received the decision you intend to challenge. For immigration judicial review, the clock starts from the date the decision is served or sent to you.
2. Begin Preparation Immediately
Start gathering evidence, drafting a legal challenge and considering your grounds as soon as possible. In urgent removal cases especially, delay can make meaningful relief unattainable.
3. Prioritise Urgent Claims
If you have imminent removal directions or detention concerns, include a request for urgent consideration when filing your judicial review application to increase the chances that the tribunal will hear your case promptly.
4. Seek Legal Advice Early
Because time limits are strict and courts rarely grant extensions without compelling reason, early specialist legal advice from solicitors experienced in immigration judicial review can help ensure your application meets procedural requirements.
Consequences of Missing Time Limits
If a judicial review application is filed outside the applicable time limit without a successful extension, the court will generally refuse permission to proceed. This means your challenge will not be heard on the merits, and you may lose your only opportunity to challenge the decision in court.
Common Questions
Do weekends and holidays count in the time limit?
Yes. Judicial review time limits are calculated in calendar days, including weekends and public holidays, unless the court orders otherwise.
Can you challenge an Upper Tribunal decision?
Yes. A judicial review of an Upper Tribunal decision must normally be filed within 16 days of the refusal to grant permission to appeal (a Cart challenge).
What if the decision wasn't communicated properly?
If there is a dispute about when a decision was effectively served, claimants should seek legal advice promptly, as the start of the time limit depends on the actual date of service.
Key Takeaways
Time limits for judicial review in the UK are strict and central to the success of any public law challenge. Key points include:
- Applications must be made promptly and generally within three months of the decision being challenged.
- In immigration cases, courts may require action earlier than three months, particularly in urgent removal or deportation contexts where effective relief depends on rapid filing.
- Cart judicial reviews (challenging an Upper Tribunal refusal to grant permission) have a 16‑day limit from service of the tribunal decision.
- Extensions of time are possible but difficult to obtain and require strong grounds.
- Acting promptly, understanding when the time limit starts, and seeking early legal guidance are vital to preserving your right to judicial review.
Understanding these deadlines and complying with them is essential for anyone considering a judicial review challenge, whether addressing a refusal, removal order or administrative decision in the UK.
