Pre – Action Protocol Letter Before Claim Judicial Review

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.

What is the Pre – Action Protocol?

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.

Do you need help with Pre – Action Protocol?

What is Judicial Review Followed by Pre – Action Protocol?

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 a supervisory jurisdiction over inferior courts and tribunals.

The grounds for Judicial Review include:

  • illegality, i.e. where there was an error of law in the making of the decision
  • irrationality or unreasonableness
  • procedural impropriety and unfairness
  • the decision was in breach of the Human Rights Act 1998 (usually involving an assessment of proportionality), or;
  • the decision breaches EU law

Judicial Review is a complex area and requires experienced and expert legal advice.  At A Y & J Solicitors, our team have a strong track record of successfully applying for Judicial Review on behalf of SMEs and multi-national corporations as well as individuals.

Judicial Review is a remedy of last resort.  Prior to commencing an application, we recommend that you investigate all other dispute resolution methods.  We are diligent in this process as Judicial Review can be expensive; therefore, if the dispute can be resolved another way, we will endeavour to reach a settlement.

How to Prepare Pre – Action Protocol 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.

Can a Pre – Action Protocol Result in the Immigration Matter Being Resolved?

One of the advantages of instructing our experienced team is a well-formulated Letter Before Claim which may increase the chances of the matter being resolved earlier, thus saving our clients time and money. When it is conveyed to Home Office that they made an error in making the decision citing right rules and regulation, usually, it is not in the best interest of Home Office to invite Judicial Review proceeding as it cost them time and money too. Strong preparation at this stage certainly helps at subsequent stages.

Does the Home Office/UKVI Have to Respond to the Letter Before Claim?

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, applicant can proceed further with legal actions.

Because of our in-depth understanding of Judicial Review Process related to immigration law, our clients have the confidence that the process is handled correctly and there is no danger of their claim becoming time-barred due to inattention. We also understand how anxious clients are for news on their matter; therefore, we always ensure you are kept fully up-to-date with how your matter is progressing.

FAQs

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.

Success Story on Pre – Action Protocol Letter Before Claim

On March 07, 2018 | In Pre-Action Protocol | By A Y & J Solicitors

Pre-Action Protocol Letter for Tier 2 General Visa Application Gets UK Visas and Immigration’s (UKVI) Attention

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…

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