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Pre-Action Protocol (PAP) For Judicial Review Against the Home Office UKVI


Before initiating an immigration Judicial Review (JR) in Court, it is normally necessary to submit a pre-action protocol (PAP) letter to the Home Office UKVI requesting a review of their denial decision within 14 days.


What is the Pre-Action Protocol (PAP)?


The Pre-Action Protocol (PAP) involves sending a letter to the Home Office UKVI to address an immigration dispute before pursuing Judicial Review (JR) proceedings. Also known as a 'Letter before claim' or 'Letter before action,' PAP aims to resolve issues before formal legal action is taken.


Pre-Action Protocol (PAP) Objectives


The primary objectives of the pre-action protocol (PAP) letter are to identify the grounds in contention and assess whether litigation with the Home Office and UKVI can be avoided. This letter typically contains a detailed statement of facts supporting the claim against the Home Office, UKVI. It also outlines the date and specifics of the immigration decision (the refusal letter) or act/omission of the Home Office UKVI being contested. Additionally, it may include specific requests for pertinent information from the Home Office and UKVI, along with explanations for their relevance.


Pre-Action Protocol (PAP) Response


Generally, the Home Office UKVI is expected to respond to pre-action protocol letters within 14 or 28 days, barring valid reasons for delay. Failure to respond within this timeframe may result in financial penalties for the Home Office UKVI. Over the years we have been extremely successful at resolving issues via this course of action. 


As immigration specialists at Visas 24/7, we can assist you in initiating a pre-action protocol (PAP) letter against the Home Office UKVI. Our team of immigration Lawyers will undertake the following tasks as part of the pre-action procedure:


·     Analysing the Home Office UKVI decision to identify any legal errors  

·          Reviewing the relevant issues with you and providing advice on the likelihood of success of your immigration case

·       Discussing the advantages and disadvantages of your immigration case

·       Drafting the pre-action protocol (PAP) representations and consulting with you on the content before submission to the Home Office UKVI

·       Sending the pre-action protocol representations to the legal department at the Home Office and engaging in communication to obtain a response to our pre-action protocol letter

·       Assessing the UKVI's response to the pre-action protocol letter and discussing it with you

·      Providing guidance on the merits of the case following the above evaluation


Visas 24/7 has over two decades of valuable Immigration experience. Contact us today if your Immigration matter requires professional assistance.

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