Pre-Action Protocol (PAP)
You should submit a Pre-Action Protocol (PAP) letter to the Home Office UKVI before you issue the Judicial Review (JR) proceedings
against the Home Office UKVI to challenge the refusal of a UK visa and immigration application.
A Pre-Action Protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an
immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI.
A Pre-Action Protocol (PAP) letter may also be called a 'letter before claim' or a 'letter before action'. All of these terms refer
to the same thing.
By sending a Pre-Action Protocol (PAP) letter to the Home Office UKVI, you put the Secretary of State for the Home Department (SSHD)
on notice that you intend to file a Judicial Review against the Home Office UKVI decision to refuse the UK visa and immigration
application and you give detailed grounds and reasons which render the decision of the Home Office UKVI unlawful. You give the
Secretary of State 14 days notice to reconsider the refusal decision failing which you will issue the Judicial Review proceedings in
the court.
You should send a Pre-Action Protocol (PAP) letter to Home Office UKVI before filing an immigration Judicial Review (JR) in Court and
ask the Home Office UKVI to reconsider its refusal decision within 14 days.
When to send a Pre-Action Protocol (PAP) letter?
You can challenge the unlawfulness of UK visa refusal by way of Pre Action Protocol (PAP) against the Home Office UKVI in one of the
following circumstances:
The refusal decision does not confirm your right to appeal or ask for an Administrative Review (AR) of the refusal of your UK visa
and immigration application;
Your Administrative Review (AR) against the refusal of your UK visa and immigration application has been unsuccessful and you
do not have the right to appeal against the refusal;
Your application for reconsideration of refusal of naturalisation as a British Citizen has been unsuccessful;
The Home Office UKVI has failed or omitted to make a decision on your UK visa and immigration application in a reasonable
timeframe and the delay in the processing of the application can be challenged by way of Pre Action Protocol (PAP) letter and
Judicial Review (JR), particularly, if you are prejudiced and adversely affected by such delay or omission on part of the Home Office
UKVI.
Purpose of Pre-Action Protocol (PAP)
The purpose of a Pre-Action Protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home
Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), the act or omission
of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home
Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI
and an explanation of why this is considered relevant.
UKVI response to Pre-Action Protocol (PAP)
Immigration Judicial Review (JR) proceedings against the UKVI are not normally issued until the proposed reply date given in the
letter before the claim has passed unless the circumstances of the immigration case require more immediate action to be taken. Home
Office UKVI, should normally respond to the letter before action (Pre-Action Protocol letter) within 14 days and Home Office UKVI may
face cost implications for failure to respond to Pre-Action Protocol (PAP) letter unless there are good reasons for not responding within
that period.
An application for permission to apply for Judicial Review can be filed in the Upper Tribunal or Administrative Court (High Court), as
the case may be, if the Home Office, UKVI do not respond to the pre-action protocol letter within 14 days or the Home Office UKVI
responds within 14 days but maintains their decision to refuse the UK visa and immigration application.
Why choose Western Solicitors
Expertise: Our solicitors are legal experts in the field of immigration law and have years of experience in handling immigration
cases.
In-depth knowledge: Our immigration solicitors keep up to date with the latest changes and developments in immigration law.
This means they can provide you with the most up-to-date and accurate advice on your specific immigration issue.
Support: We will provide you with the necessary support and guidance throughout the immigration process. We will advise you on
any legal requirements or potential obstacles that may arise.
One-stop service: We will advise you about eligibility criteria, requirements, and required supporting documents. We will prepare
your whole application and submit it to the Home Office.
Time-saving: Applying for any type of visa or citizenship can be a complex and time-consuming process. By using our service, you
can rest assured that your application will be prepared and submitted correctly, saving you time and stress.
Better chance of success: We can help you to present your case effectively which can maximize your chances of success.
Western Solicitors is a trading name of Western Solicitors Limited registered under company number 09867998 in England & Wales with its registered
office at 184 High Street North, London, England, E6 2JA, and is authorised and regulated by the Solicitors Regulation Authority (SRA Registration
627526).
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