Upper Tribunal Immigration and Asylum Chamber

Guidance notes on completing the Judicial Review claim form

This form should be used where your application is:
A class of case specified in paragraph 1 of the Lord
Chief Justices direction of 21 August 2013 (a copy of
which is attached to these guidance notes).
This form should not be used where your claim
comprises or includes a challenge of a kind
described in paragraph 3 of the direction, or where
your claim relates to a challenge to some other
decision not within paragraph 1 of the direction.
In either case, your claim should be filed on an
Administrative Court claim form (N461) and sent to:
Administrative Court Office
Room C315
Royal Courts of Justice
Strand
London
WC2A 2LL

Set out below are notes to help you complete the form.
You should read the notes to each section carefully
before you begin to complete that particular section.
Use a separate sheet if you need more space for your
answers, marking clearly which section the information
refers to.
If you do not have all the documents or information
you need for your claim, you must not allow this to
delay sending or taking the form to the Upper Tribunal
Immigration and Asylum Chamber, Field House, 15-25
Breams Building, London EC4A 1DZ within the correct
time. Complete the form as fully as possible and provide
what documents you have. The notes to Section 9
will explain more about what you have to do in these
circumstances. For information regarding filing with
Welsh and regional offices of the Tribunal, see
www.justice.gov.uk/tribunals/immigration-asylum-upper
Time limit for filing a claim
Unless Part 5 of the Senior President of Tribunals
Practice Directions entitled Immigration Judicial
Review in the Immigration and Asylum Chamber of
the Upper Tribunal applies in relation to the deferral
of removal, the claim must be filed promptly and
in any event no later than three months after the
date of the decision, action, or omission to which the
application relates.

Birmingham Civil Justice Centre

Priory Courts
5th Floor
33 Bull Street
Birmingham
B4 6DS
Cardiff Civil Justice Centre
2 Park Street
Cardiff
CF10 1ET
Leeds Combined Court
1 Oxford Row
Leeds
West Yorkshire
LS1 3BG
Manchester Civil Justice Centre
1 Bridge Street West
Manchester
M60 9DJ
For more information regarding filing with Welsh
and regional offices of the Administrative Court,
see www.justice.gov.uk/courts/rcj-rolls-building/
administrative-court

T481Notes (07.14)

If the application challenges a decision at the Firsttier Tribunal, it may be made later than the time
required above, if it is made within one month after
the date on which the Tribunal sent written reasons
for its decision or notification than an in-time
application for the decision to be set aside had been
unsuccessful.
Note: Part 5 of the Senior President of Tribunals Practice
Directions entitled Immigration Judicial Review in
the Immigration and Asylum Chamber of the Upper
Tribunal are set out on the website (www.justice.gov.
uk/about/hmcts/index.htm). Should you need a hard
copies of these Practice Directions, please contact the
Administrative Court office or your local Citizens Advice
Bureau.
If you need help to complete the form you should
consult a solicitor or your local Citizens Advice
Bureau.

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Crown copyright 2014

Section 1
Details of the applicants and respondent

Other applications

You may wish to make additional applications to the

Upper Tribunal in connection with your claim for Judicial
Review. Any other applications may be made either in the
claim form or in a separate application (form T484). This
form can be obtained from the Upper Tribunal or from
the justice website website at www.justice.gov.uk
But see above, as to the effect of challenging decisions
that are not within paragraph 1 of the Lord Chief Justices
direction.

Give the full name(s) and address(es) to which all

documents relating to the judicial review are to be sent.
Include contact information e.g. telephone numbers
and any other reference numbers.
Please note that if the respondent is the Secretary of
State for the Home Department (Home Office), the
relevant name and address for service is The Treasury
Solicitor, One Kemble Street, London WC2B 4TS.

Section 8
Statement of facts relied on

Section 2
Details of other interested parties

The facts on which you are basing your claim should

be set out in this section of the form, or in a separate
document attached to the form. It should contain a
numbered list of the points that you intend to rely on at
the hearing. Refer at each point to any documents you
are filing in support of your claim.

Full details of interested parties must be included in

the claim form; namely you should give details of any
persons directly affected by the decision you wish to
challenge.

Section 3
Details of the decision to be judicially reviewed

Section 9
Supporting documents

Give details of the decision you seek to have judicially

reviewed. Give the name of the person or body whose
decision you are seeking to Judicially Review, and the
date on which the decision was made.

Section 4
Permission to bring Judicial Review proceedings
This section must be completed. You must answer all
the questions and give further details where required.

Do not delay filing your claim for Judicial Review.

If you have not been able to obtain any of the documents
listed in this section within the time limits referred to
on the previous page, complete the notice as best you
can and ensure the claim is filed on time. Set out the
reasons why you have not been able to obtain any of the
information or documents and give the date when you
expect them to be available.

Section 5
Detailed statement of grounds

Set out, in detail, the grounds on which you contend

the decision should be set aside or varied.

Details of remedy

Section 7

Section 6

Complete this section stating what remedy you

are seeking:
(a) a mandatory order;
(b) a prohibiting order;
(c) a quashing order; or
(d) an injunction restraining a person from acting in
any office in which he is not entitled to act.
A claim for damages may be included but only if you are
seeking one of the orders set out above.

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Direction given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 and
section 18 of the Tribunals, Courts and Enforcement Act 2007
Jurisdiction of the Upper Tribunal under s. 18 of the Tribunals, Courts and Enforcement Act 2007 and
Mandatory Transfer of Judicial Review applications to the Upper Tribunal under s. 31A(2) of the Senior
Courts Act 1981
1. Subject to paragraphs 2 and 3 below, the Lord Chief Justice hereby specifies the following classes of case for
the purposes of section 18(6) of the Tribunals, Courts and Enforcement Act 2007:
any application for permission to apply for judicial review and any application for judicial review
(including any application for ancillary relief and costs in such applications) that calls into question:
i. a decision made under the Immigration Acts (as defined in Schedule 1 to the Interpretation Act
1978) or any instrument having effect (whether wholly or partly) under an enactment within the
Immigration Acts, or otherwise relating to leave to enter or remain in the United Kingdom outside
the immigration rules; or
ii a decision of the Immigration and Asylum Chamber of the First-tier Tribunal, from which no appeal
lies to the Upper Tribunal.
2. Paragraph 1 above applies, with effect from 1 November 2013, in relation to:
i. any case in which an application for permission to apply for judicial review was issued in the
Administrative Court on or after 9 September 2013;
ii. any case in which there has been a request, which has yet to be determined, for reconsideration at
a hearing under CPR 54.12 of an application for permission that was refused without a hearing on
or after 9 September 2013; and
iii. any application issued in the Upper Tribunal on or after 1 November 2013.
3. Paragraph 1 above does not apply to any application which comprises or includes:
i. a challenge to the validity of primary or subordinate legislation (or of immigration rules);
ii. a challenge to the lawfulness of detention (but an application does not do so by reason only of the
fact that it challenges a decision in relation to bail);
iii. a challenge to a decision concerning inclusion on the register of licensed Sponsors maintained by
the United Kingdom Border Agency, or any authorisation of such Sponsors;
iv. a challenge to a decision as to citizenship under the British Nationality Act 1981 or any other
provision of the law for the time being in force which determines British citizenship, the status of a
British national (Overseas), British Overseas citizenship or the status of a British subject;
v. a challenge to a decision made under or by virtue of section 4 (accommodation centres) or Part VI
(support for asylum seekers) of the Immigration and Asylum Act 1999;
vi. a challenge to a decision made under or by virtue of Part II (accommodation centres) or Part III
(other support and assistance) of the Nationality, Immigration and Asylum Act 2002;
vii. a challenge to a decision of the Upper Tribunal;
viii. a challenge to a decision of the Special Immigration Appeals Commission; or
ix. an application for a declaration of incompatibility under section 4 of the Human Rights Act 1998.

4. In paragraphs 1 and 3 above, references to a decision include references to any omission or failure to make a
decision.
5. Any application to which paragraph 1 above applies, and any proceedings relating thereto, are hereby
designated as an immigration matter.
6. (1)

The direction of 17 October 2011 is hereby revoked.

(2)

The direction of 29 October 2008 is amended as follows.

(3)

In paragraph 2b, after First-tier Tribunal insert (other than its Immigration and Asylum Chamber).

(4)

This paragraph takes effect on 1 November 2013.

7. This direction is made by the Lord Chief Justice with the agreement of the Lord Chancellor. It is made in the
exercise of powers conferred by section 18(6) and (7) of the Tribunals, Courts and Enforcement Act 2007 and
in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

The Right Honourable Lord Judge

Lord Chief Justice of England and Wales
21 August 2013