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.
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.
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.
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Brochure of Pre – Action Protocol Letter Before Claim
Pre-Action Protocol Letter Before Claim Against UKVI
A refusal from UKVI is common, but not always final; In cases where an unlawful refusal / decision was made by UKVI, you may be able to use the Judicial Review process to have the refusal overturned; A Judicial Review is a multi-step process and we recommend a strong representation from regulated lawyers; The first step is issuing a Letter Before Claim as a part of the process Failure to follow a good Pre-Action Protocol may result in serious consequences even if your case is strong, so it is essential to use a lawyer with experience in these matters;
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Tips to Choose a Right UK Immigration Lawyer
We are a specialised UK immigration law firm.
In this video, I will share with you some tips on how to choose a UK immigration lawyer.
There are five but 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 would not trust your future to someone who does not understand well this complex UK immigration law. Therefore, first tip you may consider choosing a lawyer who specialises in the UK immigration law with wealth of experience dealing with UK immigration applications and/or appeals.
Number 2: you need a lawyer who is going to be truthful with you. This includes discussion about the success chances of your immigration case, total cost and tentative time frame.
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.
Number 4: How about choosing a lawyer who loves immigration law? and cannot wait to get started on your case. A passionate lawyer who regularly sees success in immigration matters will tend to deliver great results.
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 regulation, and is constantly upgrading their skills. This is particularly important in the UK immigration, 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 a 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.
A Y & J Solicitors’ Review
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.
Having found myself in a rather sticky situation I was desperate for advice/help/guidance. I found A Y & J Solicitors through a friend and with in minutes into my first phone call to them, felt a sense of tremendous peace of mind which I had longed for. Mr Yash spoke very professionally and together with his team went on to do the almost impossible and secure an ‘Out of time’ extremely complicated Tier 2 application for myself and a spouse visa for my wife. Yes they are expensive. But their services are well worth it. They are direct & almost every step of the way they were transparent and kept me updated on the status as and when they knew anything. With out a doubt, I can easily say that our experience with them has been fantastic and would highly recommend their services to any one i know that is looking for a good immigration solicitor. Keep up the excellent work Mr. Yash. God Bless. Thumbs up to the excellent team they have.
I went to Globevisas on a friend’s recommendation and I’m glad I did that. These guys are very helpful and they know what they’re talking about. My ILR application was an extremely smooth experience and was granted without any hassles at all. I would recommend Globevisas to anyone who is looking for help to sort out their visa issues!