If you believe your UK visa application has been refused unlawfully, you can consider following the Pre-Action Protocol (PAP) for Judicial Review (JR). The Pre-Action Protocol is a set of guidelines for parties involved in potential judicial review proceedings to try to resolve disputes without going to court.

You can only use the judicial review process if you are challenging visa refusal on the grounds that it is unlawful, illegal, irrational, or unreasonable.

Book an appointment with our immigration solicitors to discuss your UK visa refusal letter, the appeal process, the costs involved, and other available options.

Table of Contents

  1. Pre-action Protocol (PAP) for Judicial Review
  2. Content of Pre-Action Letter
  3. Before applying for a judicial review
  4. What happens after a pre-action protocol letter?
  5. What is the reasonable time for pre-action protocol?
  6. Our immigration solicitors can help you with a Pre-Action Protocol
  7. Need legal advice and assistance?

Content of Pre-Action Letter

In your Pre-Action Letter, you should include the following information:

  • A clear statement of the decision you are challenging.
  • The legal basis for your challenge, explaining why you believe the decision was unlawful.
  • The specific remedy or action you are seeking, such as a reconsideration of your visa application.
  • A reasonable deadline for the Home Office to respond (typically 14 days).
  • A warning that you intend to pursue judicial review proceedings if the matter is not resolved.

Before applying for a judicial review

Here are the general steps you can take before applying for a Judicial Review (JR) if you believe your visa refusal was unlawful:

  1. Seek Legal Advice
  2. Pre-Action Letter (PAP)
  3. Wait for the Response

It's highly advisable to consult with an immigration solicitor who can assess your case and advise you on the merits of a judicial review. Our team of highly experienced lawyers will review your case and guide you through the judicial review application process.

2. Pre-Action Letter (PAP)

Before starting judicial review proceedings, you should typically send a "Pre-Action Letter" to the Home Office. This letter should outline the reasons why you believe the visa refusal was unlawful. The letter should give the decision-maker a chance to review the decision and potentially rectify it without going to court.

3. Wait for the Response

The decision-maker or the Home Office may respond to your Pre-Action Letter within the specified timeframe. They may either concede to your request, undertake a reconsideration, or reject your claims.

What happens after a pre-action protocol letter?

If the response to your Pre-Action Letter is unsatisfactory, and you still believe the refusal was unlawful, you can proceed with filing a judicial review application in court. This should be done within the time limit for judicial review.

What is the reasonable time for pre-action protocol?

The reasonable time for a response to a Pre-Action Protocol letter can vary depending on the specific circumstances of the case.

However, it is common to provide a deadline of 14 days for the Home Office UKVI to respond to the letter. This allows for a reasonable period for the Home Office to consider your concerns and potentially rectify the situation without the need for judicial review proceedings.

Keep in mind that the Pre-Action Protocol is designed to encourage resolution before going to court, so providing a reasonable and specific deadline for a response is important.

it's essential to consult with an immigration solicitor to determine the most appropriate deadline for your Pre-Action Protocol letter, as well as to ensure you are following the correct procedures and meeting the necessary legal requirements. Legal advice can help you tailor the process to your specific circumstances.

Our immigration solicitors can help you with a Pre-Action Protocol

Our immigration solicitor can be invaluable when it comes to dealing with the Pre-Action Protocol (PAP) for Judicial Review in immigration-related matters.

Our immigration solicitor can thoroughly assess your case to determine whether you have a valid claim for judicial review. We will consider the circumstances of your visa refusal and evaluate whether there are legal grounds to challenge it.

Our Immigration solicitors in London are well-versed in immigration law and can provide you with expert legal advice. We can explain your rights, the strengths and weaknesses of your case, and the potential remedies available to you.

Our solicitor can assist in drafting a comprehensive Pre-Action Letter that outlines the legal basis for challenging the visa refusal and specifies the remedy you are seeking. We can ensure the letter is well-structured and includes all relevant details.

Speak to our immigration solicitors on 0203 417 3700 to discuss your UK visa refusal letter, PAP, judicial review process and other available options.

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your UK immigration matters.

You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.