Before submitting a Judicial Review in Court, you should file a pre-action protocol (PAP) letter to the Home Office UKVI requesting that it re-evaluate its denial decision, within 14 days.
Pre-Action Protocol (PAP) For Judicial Review Against the Home Office UKVI
Before submitting an immigration Judicial Review (JR) in Court, you need file a pre-action protocol (PAP) letter to the Home Office UKVI and request that they review their denial decision within 14 days.
Pre-Action Protocol (PAP): What Is It?
Pre-action protocol (PAP) letters are sent to the Home Office, UKVI in an effort to settle a disagreement regarding an immigration issue prior to the initiation of Judicial Review (JR) proceedings against the Home Office, UKVI. ‘Letter before claim’ or ‘Letter before action’ are other names for Pre-Action Protocol (PAP) letters. These phrases all describe the same thing.
Pre-Action Protocol (PAP) Objectives
Identifying the grounds in contention and determining if litigation with the Home Office and UKVI can be avoided are the two goals of the pre-action protocol (PAP) letter. The letter includes a detailed statement of the facts supporting the Judicial Review claim made against the Home Office, UKVI, as well as the date and specifics of the immigration decision (the denial letter), act or omission of the Home Office UKVI that is being contested. Additionally, it includes the specifics of any pertinent information the applicant is requesting from the Home Office and UKVI, together with an explanation of why this is seen to be pertinent.
Pre-Action Protocol (PAP) Response
Unless the facts of the immigration case demand more rapid action to be taken, immigration Judicial Review (JR) proceedings against the UKVI are not ordinarily filed until the recommended reply deadline stated in the letter before claim has passed. Unless there are valid justifications, Home Office UKVI should typically react to letters before action (pre-action protocol letters) within 14 days. If Home Office UKVI does not answer within that time frame, Home Office UKVI may be subject to financial penalties.
If the Home Office UKVI does not respond to the pre-action protocol letter within 14 days or responds within 14 days but upholds their decision to deny the immigration application, an application for permission to apply for judicial review may be filed in the Upper Tribunal or Administrative Court (High Court), as the case may be.
The protocol has no bearing on the three-month deadline set forth in CPR Part 54.5(1), which states that a request for permission to file for judicial review (JR) must be lodged as soon as possible following the initial occurrence of the claim’s underlying grounds.
How Can We Help?
We may represent you in your pre-action protocol (PAP) letter for judicial review (JR) against the Home Office UKVI as immigration specialists. Our immigration attorneys may need to complete the following work on your pre-action procedure letter:
- Examining the Home Office UKVI judgement to determine the factors that make it illegal and in violation of applicable immigration rules;
- Reviewing the pertinent issues with you and giving you advice on your chances of success;
- Letting you know your immigration case’s advantages and disadvantages;
- Before submitting them to the Home Office UKVI, creating the pre-action protocol (PAP) representations and talking with you about them;
- Sending the pre-action protocol representations to the Judicial Review Management Unit at the Home Office and communicating with them to get a response to your pre-action protocol letter;
- Evaluating the UKVI’s answer to the pre-action protocol letter and talking with you about it;
- Re-evaluating the case’s merits in light of the UKVI response to determine if you still have a strong enough argument to move forward with the Judicial Review (JR) procedures;
- Advising you on the case’s merits after having done so.
Disclaimer
Law Lane Solicitors Ltd has provided the materials on this website for informational purposes only which does not, and cannot, constitute a legal advice. The use of this site does not create a lawyer-client relationship. Additionally, email or other communication with our representatives through this site should not be considered confidential or privileged.