Pre – Action Protocol Letter Before Claim should be submitted to Home Office inviting them to correct the error in decision they made before commencing the Judicial Review proceeding. If the UK Visas and Immigration (UKVI) reject a Points-Based-System application or when Tier 2 or 5 Sponsor Licence Suspended / Revoked, often the only recourse is to apply for Judicial Review. Judicial Review is also a way to challenge the UKVI when they unreasonably delay the decision-making process.
At A Y & J Solicitors, we have an in-depth understanding of the Judicial Review procedure, including the Pre-Action Protocol Letter Before Claim (i.e. letter before claim) process. Our team of highly experienced lawyers will work with you and share information on how the Pre-Action Protocol works. We know that we are representing people who have spent years fighting for their right to enter or remain in the country or to be with the people they love. By instructing us, you receive right immigration advice from London based authorised solicitor firm.
The Pre-Action Protocol procedure is contained in the Civil Procedure Rules (CPR) and sets out a code of best practice and contains the steps parties to a matter should follow prior to making a judicial review claim.
The Pre-Action Protocol is designed to get parties to the claim to exchange information and try and reach a settlement using alternative dispute resolution methods such as negotiation and/or mediation.
A Judicial Review is the process whereby the judges of the Administrative Division of the High Court, and the Upper Tribunal (Immigration and Asylum Chamber) exercise jurisdiction over the lawfulness of acts or omissions of public bodies such as UKVI, and supervisory jurisdiction over inferior courts and tribunals.
To put this simply, the Judicial Review monitors decisions made by UK Visas and Immigration to make sure they are correctly applying the law. A Judicial Review is essentially asking for a second opinion on an immigration decision outcome to make sure it has been reached fairly and in line with the law.
The grounds for Judicial Review include:
The Judicial Review process is a complex area and requires experienced and expert legal advice. At A Y & J Solicitors, our team has a strong track record of successfully applying for Judicial Review on behalf of SMEs and multi-national corporations as well as individuals.
A Judicial Review is often seen as a last resort when all other methods have been exhausted. Prior to applying for a Judicial Review, we recommend exploring all other methods to solve the dispute. This often begins with the Pre-Action Protocol or Letter Before Claim.
As part of the Pre-Action Protocol process, the claimant is required to send a Letter Before Claim to UKVI. Your solicitor will help on this. The Letter Before Claim must clearly state why immigration decision is being challenged and the date of the decision.
Our lawyers have years of experience in drafting Letters Before Claim. We understand the issue/s must be set out clearly, and the error of law must be identified. Although the Letter Before Claim does not have to have the detail of a skeleton argument, it must enable UKVI to understand the basis of the challenge and how the illegality has arisen. The letter must also explain what action UKVI is expected to take in order to remedy the error.
Yes, the Pre-Action Protocol can result in an immigration decision being overturned. The Home Office provides a template for the Pre-Action Protocol, but we wouldn’t recommend submitting this without expert legal advice. One advantage of working with A Y & J Solicitors is that we can increase your chances of the issue being resolved at the Pre-Action Protocol stage, which can save you time and money. A Judicial Review will cost the Home Office time and money, too. So, it is typically in their best interests to resolve the issue before it is escalated. Preparing a strong case at the early stages can reduce the chances you will need to take the appeal any further.
The Pre-Action Protocol states a Letter Before Claim should be responded to within 14 days. If they fail to do so without reasonable explanation, the applicant can proceed further with legal actions.
With our in-depth understanding of the Judicial Review process, we can ensure that the entire process is handled correctly. There is the risk that your claim could become time-barred due to inattention, which is why many clients feel more confident when they have expert support on their side. We understand how anxious you may be to hear updates, so we’ll keep you informed every step of the way.
The time limit for bringing a judicial review claim is strict; only three months and it is very rare for the court to permit an extension. The Pre-Action Protocol is not expected to be followed if doing so will mean the claim will become time-barred, as compliance with the protocol will not be seen as a reason for failing to meet the three-month cut-off.
The protocol does not have to be followed in cases where the defendant cannot legally change the decision being challenged or in matters of urgency, for example, the claimant is due to be removed from the UK in a matter of weeks or days.
The letter before claim will go to the Home Office’s Judicial Review Unit. At this point, our lawyers will be watching the calendar very closely, to ensure your claim does not become time-barred due to Home Office delays.
Mrs. C arrived in the UK under a Tier 2 (General) visa category in 2014. Her leave was due to expire in early 2017. Mrs. C changed her employer and made the appropriate application to UKVI for a change of employment, which she submitted at a UKVI Premium Centre. Turned Away at Premium Appointment Applying…
We are a specialised UK immigration law firm.
In this video, I will share some tips with you on how to choose a UK immigration lawyer.
There are five very important points you may wish to consider while choosing a UK Immigration Lawyer.
Number 1: UK immigration law is very specific, fast-changing and complex. You should not entrust your future to an individual/company that does not fully comprehend the complexity of UK immigration law. Therefore, our first tip is that you may want to consider choosing a lawyer who specialises in UK immigration law and has a wealth of experience in dealing with UK immigration applications and/or/appeals.
Tip Number 2: You will need a lawyer who will be honest with you. This includes discussions about the success chances of your immigration case, total cost and tentative time frame.
Tip Number 3: A lawyer’s reputation often precedes them – look for a lawyer who is known for honesty. Check out client reviews to see what others have said. When many people rate the same lawyer as honest after their transactions, chances are good that you’ve found an honest lawyer. Check out for independent review platform such as TrustPilot for real and verified reviews from actual clients.
Tip Number 4: How about choosing a lawyer who loves immigration law? One who cannot wait to get started on your case. A passionate lawyer who regularly sees success in immigration matters and tends to deliver great results.
Tip Number 5: Always look for a lawyer who is Authorised and Regulated. In most cases, lawyers in the UK are regulated by the SRA – Solicitors Regulation Authority (SRA) or by the OISC. Professional certification or Awards are also good indications. It might be prominent on their webpage if they have this.
Finally, look for a lawyer who is always improving by staying up to date on the UK immigration rules and regulations, and is constantly upgrading their skills. This is particularly important in the UK immigration sector, where laws are changed frequently, and lawyers must know exactly what is required for each type of application or appeal.
If you look for these qualities in a lawyer, it is likely that you find someone who is going to take good care of your Immigration matter, while respecting you as a valuable, important individual.
If you require legal assistance with your UK Immigration matter, please get in touch with us. Our contact details are at the bottom of this video. We’re happy to help. Thank you.
My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them – it may be very simple query or a very complex case; you can trust them.
Regards
Tarun