Table Of Contents:
- What is a Pre-action Protocol Letter
- Things to Know About Pre-action Protocol Letter
- Scenarios to Consider sending PAP Letter
- PAP Letter is a Part of Civil Procedure Rules
- It is an Important Document
- PAP Letter may Help Avoid Court Proceedings
- When You Have Visa or Citizenship Refusals without Appeal or Administrative Review Rights
- It Helps Avoid Unreasonable Delays
- It must be Filed Within 3 Months
- What Happens After Sending the PAP Letter
- What Should be Included in PAP Letter
- What if Your Case is Urgent
- Final Thoughts
Many UK immigration applications are refused by the Home Office every year. They send a decision letter and/or email to the applicants informing them about their decision to refuse their visa application, along with reasons for the refusal. Not all visa refusal decisions are correct.
If you receive a decision, for example, a refusal decision, from the Home Office that you believe is unfair, irrational, unlawful, or breaches human rights, you can seek to challenge the refusal decision through a judicial review. You should send a pre-action protocol letter to the Home Office before applying for a judicial review. Pre-action protocol letter is a legal submission to the Home Office.
What is a Pre-action Protocol Letter?
A PAP (pre-action protocol) letter or ‘Letter before Claim’ is normally a prerequisite to a judicial review. This is a legal submission to the Home Office in which you explain why the Home Office’s decision to refuse, delay, curtail or revoke your visa is unfair, irrational, unlawful, or breaches human rights. The Pre-Action Protocol Letter is also a warning to the Home Office that you will go ahead to apply for a judicial review if the Home Office does not withdraw its decision.
Once the Home Office receives your pre-action protocol letter, it will review the decision in your case, normally within 14 days.
Things to Know About Pre-action Protocol Letter
UK Visa refusal or delays, whether for entry clearance, leave to enter or remain, or settlement, are not easy to handle as they may affect your future. However, visa decisions can be challenged, and judicial review is one way to do so. You should send a pre-action protocol letter first to the Home Office, and if the Home Office decides to stick with its decision of refusal, you may move forward to apply for a judicial review.
In this article, we will discuss some important things to know about a pre-action protocol letter.
1. Scenarios to Consider sending PAP Letter
You can send a PAP letter as the first step towards a judicial review in the following situations:
- Visa or citizenship refusals without appeal or review Rights
- Unreasonable delays
- Procedural errors or unfairness
- Errors in law or fact
- Curtailment or revocation of leave
2. PAP Letter is a Part of Civil Procedure Rules
The CPR (Civil Procedure Rules) governs the process for handling civil cases, including judicial reviews in courts in England and Wales. The CPR sets out the steps parties involved in a civil case must follow before and during legal
proceedings. For example, deadlines, required documents, and conduct.
The CPR, in immigration cases, requires sending a PAP letter before proceeding for a judicial review to help resolve disputes such as visa refusals fairly and efficiently, without immediately moving to court.
3. It is an Important Document
Pre-action protocol is a legal step before seeking to apply for a judicial review. The PAP letter is a crucial document and an important part of the pre-action protocol. This is possible that the Home Office decides to overturn its decision and grant you a visa after considering your pre-action protocol letter.
It can often lead to an immigration decision remade without you having to start the immigration judicial review proceedings. Hence, because it is such an important document, wherever possible, you should take the services of an immigration lawyer specialised in judicial review to draft a pre-action protocol letter.
4. PAP Letter may Help Avoid Court Proceedings
Judicial review is a complex legal proceeding at an upper tribunal for the applicants and the Home Office. Usually, it is considered that your case has a strong merit if you or your representative has decided to go for a judicial review. Through a PAP letter, you explain to the Home Office in detail, along with evidence as to why you believe the Home Office decision is wrong, and hence give it a chance to overturn its decision after considering your pre-action protocol letter.
A pre-action protocol letter allows the Home Office to reconsider its decision and avoid court proceedings. This helps save time and money for both parties.
5. It is an Option When You Have Visa or Citizenship Refusals without Appeal or Administrative Review Rights
You may seek to challenge the UK visa refusal decision through a judicial review if you have no appeal or administrative rights, or you have exhausted them. In that case, you can send a pre-action protocol letter challenging the decision and inviting the Home Office to reconsider it.
6. It Helps Avoid Unreasonable Delays
If the Home Office is taking too long to decide your visa application that is beyond a reasonable time frame or without clear reasons you may send a pre-action protocol letter. It can prompt the Home Office to pay attention to deciding on your application without going straight to court.
7. It must be Filed Within 3 Months
You must submit a PAP letter to the Home Office within 3 months of the visa decision being disputed. After receiving your PAP letter, the Home Office is required to review and respond to your letter within 14 days. However, although this is not guaranteed, the Home Office may take a longer time to respond.
8. What Happens After Sending the PAP Letter
After you send the PAP letter to the Home Office, it may decide to withdraw, maintain, or amend the original refusal decision. Sometimes, the Home Office requests more time to consider the matter or may invite further representations. If you do not get a satisfactory response or the Home Office upholds the refusal, or does not respond within the specified timeframe, you can apply for judicial review, provided you are still applying within the time limits.
9. What Should be Included in PAP Letter
You or your immigration lawyer should draft the PAP letter as per the civil procedure rules; otherwise, it may be rejected. A PAP letter will typically include the following:
- Your personal details such as full name, date of birth, nationality, and contact information
- Home Office reference number
- Request for further information or documents
- List of relevant documents
- Alternate dispute resolution
- The date and details of the decision being challenged
- The basis of the challenge
- A factual summary
- The legal basis for your claim
- The remedy you are seeking.
Although a basic PAP letter template is provided by the Home Office, you should generally work with an experienced immigration lawyer. An expert immigration lawyer will ensure that the PAP letter is drafted correctly, tailored to your situation, and create the best chance for the decision to be reconsidered by the Home Office without going to court.
10. What if Your Case is Urgent
Suppose your situation is urgent, for example, the 3-month judicial review deadline is close or you are facing imminent removal from the UK. In that scenario, you may seek to claim for a judicial review without sending the PAP letter to the Home Office.
However, you should still try to notify the Home Office in advance if possible. You must justify the urgency. If you file the judicial review claim after the standard time limit, you must provide, in your claim, reasons for the delay along with evidence supporting the urgency of your case.
Final Thoughts
A pre-action protocol is a procedure before claiming judicial review against the Home Office decision to refuse, delay, curtail, or revoke your visa. As part of the pre-action protocol, you should send a pre-action protocol letter to the Home Office explaining why you think their decision is unfair, unlawful, irrational, or breaches human rights.
You should confirm whether judicial review is the right step for you before sending a pre-action protocol letter. Judicial review is not appropriate for all immigration issues, and hence, you should act with proper advice from an expert immigration lawyer; otherwise, it can lead to delays or missed opportunities.
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