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• When To Send A PAP letter?
• Purpose Of Pre Action Protocol (PAP)
• UKVI Response To Pre Action Protocol (PAP)
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You should submit a Pre Action Protocol (PAP) letter to the Home Office UKVI before you issue the Judicial Review (JR) proceedings against the Home Office UKVI to challenge the refusal of a UK visa and immigration application. A pre-action protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI. A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’.  All of these terms refer to the same thing.

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By sending a Pre Action Protocol (PAP) letter to the Home Office UKVI, you put the Secretary of State for the Home Department (SSHD) on notice that you intend to file a Judicial Review against the Home Office UKVI decision to refuse the UK visa and immigration application and you give detailed grounds and reasons which render the decision of the Home Office UKVI unlawful. You give the Secretary of State 14 days notice to reconsider the refusal decision failing which you will issue the Judicial Review proceedings in the court.

You should send a pre-action protocol (PAP) letter to Home Office UKVI before filing an immigration Judicial Review (JR) in Court and ask the Home Office UKVI to reconsider its refusal decision within 14 days.

Ask a question online to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation with one of our immigration solicitors for challenging the refusal of your UK visa and immigration application.

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When To Send A Pre Action Protocol (PAP) Letter?

You can challenge the unlawfulness of UK visa refusal by way of Pre Action Protocol (PAP) against the Home Office UKVI in one of the following circumstances:

• The refusal decision does not confirm your right to appeal or ask for Administrative Review (AR) of the refusal of your UK visa and immigration application;
• Your Administrative Review (AR) against the refusal of your UK visa and immigration application has been unsuccessful and you do not have right to appeal against the refusal;
• Your application for reconsideration of refusal of naturalisation as a British Citizen has been unsuccessful;
• The Home Office UKVI has failed or omitted to make a decision on your UK visa and immigration application in a reasonable timeframe and the delay in processing of the application can be challenged by way of Pre Action Protocol (PAP) letter and Judicial Review (JR), particularly, if you are prejudiced and adversely affected by such delay or omission on part of the Home Office UKVI.

Purpose Of Pre-Action Protocol (PAP)

The purpose of pre-action protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), act or omission of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant.

UKVI Response To Pre-Action Protocol (PAP)

Immigration Judicial Review (JR) proceedings against the UKVI are not normally issued until the proposed reply date given in the letter before claim has passed, unless the circumstances of the immigration case require more immediate action to be taken. Home Office UKVI, should normally respond to letter before action (pre-action protocol letter) within 14 days and Home Office UKVI may face cost implications for failure to respond to Pre Action Protocol (PAP) letter unless there are good reasons for not responding within that period.

An application for permission to apply for Judicial Review can be filed in the Upper Tribunal or Administrative Court (High Court) , as the case may be, if the Home Office, UKVI do not respond to the pre-action protocol letter within 14 days or the Home Office UKVI responds within 14 days but maintains their decision to refuse the UK visa and immigration application.

The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.

Free Assessment Of Refusal Of UK Visa and Immigration Application

Our free immigration advice solicitors and lawyers can assess your the refusal decision of your UK visa and immigration application free of cost to advise you whether or not you have any valid grounds to challenge the refusal of your UK visa and immigration application. If our specialist team of immigration solicitors and lawyers find that there are valid grounds to challenge the refusal of your UK visa, we will quote a fixed fee to provide legal representations for challenging the refusal of your UK visa and immigration application.

You can email the refusal letter of UK visa and immigration application to This email address is being protected from spambots. You need JavaScript enabled to view it. if you want a free assessment of the reasons for refusal of your UK visa and immigration application. Read More

Our specialist team of UK immigration solicitors can provide expert immigration advice and legal representations in your Pre Action Protocol (PAP) letter for Judicial Review (JR) against the Home Office UKVI. The casework to be carried out by specialist team of immigration solicitors in relation to your Pre Action Protocol (PAP) letter may entail the following:

• Assessment of refusal decision: Our immigration solicitors will assess the Home Office UKVI decision to identify the grounds which render the UKVI decision unlawful and not in accordance with relevant immigration laws;
• Advising you on the merits of your case: Our immigration lawyers will discuss the relevant grounds for challenging the UKVI refusal decision and advise you on the prospects of success in your matter. Our immigration solicitors will also advise you on the weaknesses and strengths of your immigration matter;
• Preparing the Pre Action Protocol (PAP) letter: Our specialist team of immigration solicitors will draft the Pre Action Protocol (PAP) letter arguing how the refusal decision of the UKVI is not in accordance with relevant immigration laws and therefore unlawful;
• Discussing the draft of Pre Action Protocol (PAP) letter with you: Our immigration solicitors will discuss the draft of the Pre Action Protocol (PAP) letter with you before we submit the Pre Action Protocol (PAP) letter to the Home Office UKVI;
• Submitting the Pre Action Protocol (PAP) letter to UKVI: Our immigration solicitors and lawyers will submit the final version of the Pre Action Protocol (PAP) to the Home Office UKVI and liaise with them for a response to our Pre Action Protocol (PAP) letter;
• Assessing the UKVI response to Pre Action Protocol (PAP) letter: Our specialist immigration solicitors and lawyers will assess the UKVI response to our Pre Action Protocol (PAP) letter and discuss the same with you;
• Re-assessing the merits of the case: Our immigration solicitors and lawyers will re-assess the merits of the case upon receiving the UKVI response to find out whether you still have a good case to proceed with the Judicial Review (JR) proceedings if the UKVI have maintained their decision to refuse your UK visa and immigration application. Our immigration solicitors will then advise you on the merits of your case upon re-assessment of your case after re-assessing the case in the light of the UKVI response.

Our Fixed Fees For Challenging UK Visa Refusal Decisions

Our fixed fees for challenging UK visa refusals are as given in the fee tables below:

Fixed Fees For Administrative Review (AR) and Pre Action Protocol (PAP)

The agreed fixed fee will depend on the complexity of your immigration matter and the volume of casework involved in the matter. In addition to our fixed fee for the Administrative Review (AR), the applicant also has to pay the Home Office UKVI fees for the Administrative Review (AR). There is no fee charged by the UKVI for the Pre-Action Protocol (PAP).

No Win No Fee For Judicial Review (JR) Against The Home Office UKVI

• Our specialist team of immigration solicitors can act for your Judicial Review (JR) against the Home Office UKVI on no win, no fee, basis which means you will not have to pay our legal costs if you do not succeed in your Judicial Review and if we do succeed in the Judicial Review (JR) we will recover our legal costs from the Home Office UKVI.
• The no win no fee agreement does not cover disbursements or third-party costs, e.g. court fees and Barrister fees in relation to your Judicial Review proceedings, and you will have to pay such costs for us to prepare and issue the Judicial Review proceedings. If we recover our legal costs from the Home Office UKVI in the event of succeeding in Judicial Review proceedings, the disbursement which you would have paid would be refunded back to you as such disbursements will also be recovered from the Home Office UKVI. However, if we are not able to recover our legal costs from the Home Office UKVI, you will not be able to get the refund of the court fee and the Barrister's fees.
• Please note that we will only take on your case on a no-win, no-fee basis if we find good grounds to challenge the unlawful decision of the Home Office UKVI.

Fixed Fees For Immigration Appeal Against The UK Visa Refusal

Our fixed fees for various stages of the immigration appeal against the refusal of a UK visa are as given in the fee table below:

The agreed fixed fee will depend on the complexity of your immigration matter and the volume of casework involved in it. In addition to our fixed fee for appeal, you also have to pay third-party fees, e.g., court fees, and the Barrister's fee for the appeal hearing.

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Using the links below, you can book an appointment online with our specialist immigration advice solicitors for detailed immigration advice and consultation concerning your UK visa and immigration matter:

• Book An Appointment Online With Our Specialist Immigration Solicitors

Alternatively, you can call us on 020 3930 3900 or email at [email protected] to schedule an appointment with our specialist immigration solicitors and lawyers for immigration advice and consultation regarding your matter.

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Pre-Action Protocol Letter

A Pre-Action Protocol Letter, or a PAP, is an important legal letter that is sent to the Home Office in order to attempt to resolve a dispute before any court proceedings or court action begins.

Call IAS on  0333 305 9375  to seek advice and assistance with your situation. We can help you write a PAP letter that maximises your chances of success

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What is a Pre-Action Protocol Letter?

A Pre-Action Protocol Letter is a legal letter written to the Home Office before court proceedings to try and resolve any matters first.

The Pre-Action Protocol Letter contains the key matters that would be raised in legal proceedings. It sets out all the legal grounds and shows how the action was unlawful.

It is also sometimes referred to as a ‘letter before claim’ or ‘letter before action’. It is typically used if you want to challenge a visa refusal.

What is the Purpose of a Pre-Action Protocol Letter?

The overall purpose of a Pre-Action Protocol Letter is for the party or individual bringing the judicial review to set out their case against the Respondent, the Secretary of State for the Home Department (the Home Office).

This means that the Respondent can consider your case before any commencing proceedings.

The objectives of the pre-action conduct are to:

• understand each other’s position
• try to settle the issues without court proceedings that have more legal costs
• support the efficient management of proceedings and practice direction where litigation cannot be avoided
• reduce costs for all parties in resolving the dispute

What Should I Include in a Pre-Action Protocol Letter for an Immigration Claim?

The letter should clearly contain why the immigration decision is being challenged and the date of the decision.

It should set out the complaint or claim and make it obvious that court action will be started if no response is received within specified time limits. The time frame that you specify is usually 14 days.

The letter acts as a final warning to the other party that court proceedings will be started if the problem has not been resolved within the specified time.

Call Immigration Advice Service on  0333 305 9375  to seek advice and assistance with drafting a Pre-Action Protocol Letter. We can save you time and make sure that it includes all the correct details.

Why is a Pre-Action Protocol Letter Important?

If a client and their legal advisor do not send a letter of a written agreement before action, this may affect the court’s decision on who should have to pay the costs.

It is also important because if alternatives to court action have not been tried, the court may decide that court action was unnecessary and a waste of the court’s and the other party’s time and resources.

What Happens After Sending a Pre-Action Protocol Letter?

If the Home Office has not responded within the required 14 days of receiving the Pre-Action Protocol Letter, you can then lodge a Judicial Review.

You will have to make an application to the Upper Tribunal (Immigration and Asylum) Chamber for permission to apply for Judicial Review. This application is normally made on paper and without a court hearing. The court will respond and grant permissions or refusals back to you on paper.

The Home Office will then have to decide whether they want to defend their decision or to offer to review their decision. They have 21 days to respond and if they do not respond in time, the Judge may decide the case without their input or they can grant them an extension of time.

However, they are not able to ignore the legal claim.

If a response to the Pre-Action Protocol Letter is received offers terms of the settlement, these should be fully discussed with you and the possibilities of further negotiation should be explored before any court proceedings are started.

You may prefer not to take alternative dispute resolution and take it to court if a reasonable settlement is reached. You should be advised that if you proceed and the court orders a similar settlement to that available before the court case, then the court can award costs against you unless this would be unjust.

We can provide you with expert legal advice to help resolve your legal disputes.

How Can IAS Help?

IAS is here to reduce the stress of your immigration matter. Our experienced UK immigration lawyers can help you through each step of the Pre-Action Protocol letter, from helping with drafting the letter to submitting it correctly.

We can also help with expert advice relating to an immigration appeal or the Judicial Review.

A professional UK Immigration lawyer at IAS will be able to provide you with the best legal expertise and assistance needed to make a Pre-Action Protocol Letter as successful as possible.

A lawyer will be able to help you know your rights under the action protocol, prepare the letter on your behalf, as well as advise you on the best solutions for your specific case.

Contact Immigration Advice Service today at  0333 305 9375 , or use the live chat function.

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Table of Contents

Written by Immigration Advice Service

Ono okeregha.

Director – Immigration Advice Service

Ono Okeregha is the director of the Immigration Advice Service. He is a committed human rights and immigration lawyer. He was awarded the IoD North West SME of the year award and commended for his work in equality, diversity, and inclusion.

Frequently Asked Questions

When can i send a pre-action protocol letter.

You are allowed to challenge the unlawfulness of a UK visa refusal using a Pre-Action Protocol Letter against the Home Office in the following circumstances:

• The refusal does not confirm your rights to be able to appeal this decision or ask for an Administrative Review of the refusal of your immigration application.
• Your Administrative Review against the refusal of your immigration application has not been successful and you do not have the right to be able to appeal against this refusal.
• Your request for a re-evaluation of the refusal of applying for British citizenship by naturalisation (form AN) has not been successful.
• The Home Office has been unable to make a decision on your UK visa within a sufficient timeframe. This delay in the application being processed can be challenged using a Pre-Action Protocol Letter and further Judicial Review.

Does the Pre-Action Protocol Letter affect my lodging a judicial review claim?

The pre-action protocol does not in any way affect the time limit for lodging a judicial review claim. The time limit begins from the date of the decision you wish to challenge regardless of whether or not you have engaged in the pre-action protocol.

Do I definitely need to send a Pre-Action Protocol Letter?

The judge will expect both parties to have followed the procedure before filing their appeals for review in the first instance. Failure to comply with these procedures will have consequences.

Can a Pre-Action Protocol Letter result in the immigration matter being resolved?

Yes, writing a well-formulated pre-action protocol letter may increase the chances of the matter being resolved earlier, saving you time and money.

What is the success rate of the Pre-Action Protocol Letter in immigration cases?

The success rate of Pre-Action Protocol Letters in immigration cases is difficult to assess because the outcome is decided on a case-by-case basis. The outcome really depends on the reasoning behind why your immigration application was refused.

However, it is considered that the success rate of applications for judicial review that have followed the process of a Pre-Action Protocol Letter is significantly higher than those that do not

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Pre-Action Protocol Letter Before Claim

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.

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.

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What is judicial review.

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:

• 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

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.

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?

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.

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, 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.

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Success Story on Pre – Action Protocol Letter Before Claim

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…

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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.

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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.

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The Pre-Action Protocol in Immigration Judicial Review

Embarking on the journey of challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities and procedural intricacies. Whether it’s an entry clearance, leave to remain or settlement decision affecting your rights, understanding the pathway to justice is paramount. At the heart of this process lies the Pre-Action Protocol, a set of guidelines designed to ensure fair and transparent proceedings before resorting to judicial review.

In this comprehensive guide, we delve into the essence of the Pre-Action Protocol and its pivotal role in immigration law. From deciphering its principles to navigating through the intricacies of drafting a Pre-Action Protocol letter, we unravel the mysteries surrounding this fundamental aspect of challenging Home Office decisions.

What is the Pre-Action Protocol?

The Civil Procedure Rules (“CPR”) set out the Pre-Action Protocol . This is the code of good practice which should be followed by parties prior to seeking a judicial review of a decision. Therefore, if you seek to challenge a Home Office decision by way of judicial review it will first be necessary for you, and any legal representative, to consider this Protocol.

What Is a Judicial Review?

A judicial review is the process whereby an individual can challenge the lawfulness of an act, decision or omission of a public body which is exercising a public function. Since the Home Office is a public body, judicial review challenges are available for certain immigration law decisions, including some visa refusals.

The judicial review process is distinct from an appeal or administrative review and is considered the remedy of last resort. 

A decision can be challenged by judicial review on any of the following grounds:

• Illegality: that the Home Office did not have a legal power to make the decision they did;
• Irrationality or unreasonableness: the decision is such that no reasonable person, acting reasonably, could have come to the same decision;
• Procedural impropriety and unfairness: the decision-making process carried out was improper;

Not all Home Office decisions can be challenged using this process and you will be notified by the Home Office if you have a right to challenge a decision by way of judicial review.

Alternative Dispute Resolution

A pre-action protocol letter, otherwise known as a letter before claim, is one aspect of the protocol. Another aspect is considering if there is an appropriate form of alternative dispute resolution, such as discussion and negotiation, using the relevant public authority complaints or review procedures , the Ombudsman or mediation. As the CPR states, “The courts take the view that litigation should be the last resort.” 

In immigration law, a common form of alternative dispute resolution is administrative review. Not all Home Office decisions carry this right. An administrative review can only be brought if the Home Office has made a caseworking error. Further information on administrative reviews in immigration law and what constitutes a caseworking error can be found here .

Requesting Information and Documents From the Home Office at the Pre-Action Stage:

Another important part of the protocol is gathering information, be it documents in the Home Office’s possession or further detail about a refusal decision. It should be noted that requests for information and documents made at this stage, “should be proportionate and should be limited to what is properly necessary for the claimant to understand why the challenged decision has been taken and/or to present the claim in a manner that will properly identify the issues,” as the CPR sets out.

Time Limit for Judicial Review:

The time limit for bringing a judicial review is promptly or, in any event, within three months of the date of the decision being challenged. It is rare for an extension in time to bring the claim to be permitted. The pre-action protocol does not affect this time limit, allowing also for the period for the Home Office to respond to the letter.

Judges will therefore expect that parties have used and complied with the pre-action protocol wherever possible. Non-compliance may result in cost sanctions at a later stage. 

What Is a Pre-Action Protocol Letter and What Should It Contain? 

The letter allows the Home Office to consider the merits of your case and their position on it further before litigation has commenced.

The Home Office website provides a template for the pre-action protocol letter but you can draft your own as an attachment or obtain legal assistance to do this.

The Civil Procedure Rules state that prior to commencing proceedings, the court will expect the parties to have exchanged sufficient information to:

• Understand each other’s position;
• Make decisions about how to proceed;
• Try to settle the issues without proceedings;
• Consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
• Support the efficient management of those proceedings; and
• Reduce the costs of resolving the dispute.

The letter itself should contain all key information which would be later raised in court proceedings. It should include all relevant information to your claim, including:

• The date and details of the decision being challenged
• The basis of challenge
• A factual summary
• The legal basis for your claim 
• The remedy you are seeking.

As above, you are able to request further information and documents as part of the letter. You should set out specifically what it is you are seeking and why it is relevant. 

In the letter, it is beneficial to be as concise as possible and only mention relevant matters. 

The typical timeframe to request a response to a pre-action protocol letter is 14 days.

What Happens After a Pre-Action Protocol Letter Has Been Sent?

The pre-action protocol can result in the decision you are challenging being overturned. Note that the Home Office can partly concede the claim.

If the decision is maintained, or no response is received within the specified timeframe, you can then submit an application for permission to apply for judicial review. 

Further information on the process for judicial reviews can be found here . Generally, a judicial review is a time consuming and costly process so if the matter can be resolved favourably prior to lodging that is preferable.

Urgent Judicial Review Applications

If your case is urgent, you may make a claim for judicial review immediately and not follow the pre-action protocol. You should still attempt to notify the public body prior to commencing legal proceedings. The threshold of what is considered urgent is high and could include if you are facing imminent removal from the UK. If you do lodge a claim for judicial review after this timeframe you should provide reasons for the delay and evidence showing why the matter is urgent. 

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For expert advice and assistance in relation to drafting Pre-Action Protocol letters and Judicial Review contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.

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Successful pre-action protocol outcome following an illegal refusal of a UK visit visa application

By eylem kara.

Eylem Kara is a Paralegal in the Immigration Department. Full of promise and imbued with determination and passion for helping clients, she has an extremely bright future ahead of her. Studying at Regent’s University, Coventry University, BPP Law School and the University of Law, she also already has years of experience under her belt. She is a rising star in the industry, and extremely knowledgeable in immigration law.

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A decision letter from the Home Office refusing your visa application is surely not something anyone would like to receive or see. However, it is certainly more disturbing when the reasons for refusal are completely illegal and incorrect. This is something that is unfortunately not as uncommon as one might think. Our immigration lawyers team is confident in advising and assisting on not only the visit visa application itself, but also the aftermath just in case the Home Office makes a wrong decision. We understand and appreciate our clients’ concerns and therefore endeavour to provide the best client care service we can by obtaining the desired result. Below is a summary of a recent case we represented and successfully obtained the visa for.

Our Immigration department was initially approached by a client following her visitors visa application refusal. The application was submitted personally by the client without any legal advice or representation. After considering the UKVI refusal reasons, we advised our client that the decision was in fact a correct one. After taking our clients full instructions we advised her that the Home Office were correct in refusing the application as she had failed to provide mandatory evidence demonstrating the purpose of her UK visit intention and her ties to the Home Country. We therefore suggested that we can take on the case and represent our client for a fresh application because having a previous refusal complicates the situation. We were therefore instructed to advice our client, prepare her application, review evidence and draft a solid letter of representation explaining the application circumstances. Our lawyers assisted and guided our client with care and thoroughness to make sure the Home Office could not find a reason to refuse the application again. Thus, if you are looking to apply for a visitors visa to enter the UK for any permitted reason, we suggest you contact our Immigration lawyers who will be able to assess your circumstances and advice you on the requirements and process. Contacting us before submitting your application will save you time and money as if you meet the requirements and can provide the documents needed, you will reduce the risks of having your application refused. It is complicated for us a cover each and every requirement for a tourist visa in this article, however, we have listed below some points to take general care of.

Visit visa refusal reasons

So, what are the most common reasons for visit visa refusals?

• Evidence of ties to country of nationality/residence.
• This can be demonstrated through your family, career or academic relations.
• Evidence relating to the purpose of your visit to the UK and how you will spend your proposed time in the UK.
• This can be for tourism, to visit family or friends, to attend certain business activities or any other permitted activity.
• Evidence of your maintenance and accommodation
• This can be demonstrated via where you will stay and whether you can cover the costs to do so. Such as a hotel booking or a letter from family, if you will be staying with them.
• You will also need to prove that you will cover your air fare, personal expenses, and medical costs while in the UK. This can be evidenced through your income, savings or through your financial sponsor, if you have one.
• Evidence demonstrating your financial situation in your country of nationality/residence.
• This can be evidenced through your circumstances back home, covering your income and outgoings.
• Finally, as raised in every refusal letter, you must convince the caseworker that you will leave the UK at the end of your visit.
• This is usually demonstrated through the documents supplied to cover the above mentioned points. For example, you may have a job, family or university you must return to.

The type of documents you provide to address the above points will depend on your personal circumstances. Our Immigration Lawyers will provide you with guidance on which documents you must prepare.

Applying for UK visit visa after refusal

We treated our clients case as a fresh one, disregarding her initial refusal reasons. We had to assess the file in full taking into account her overall situation. We advised our client and provided her with the list of documents we need for the application. We were in constant contact and guided our client whenever needed. Once our client provided us with all of the requested evidence, we considered and evaluated these. We were then able to inform our client of the risks of her application and what needed to be amended. Once we were happy with the documentation provided, we prepared an application covering letter to support our client’s application. This letter explained our client’s initial refusal and how she met the requirements, with reference to the evidence provided. In this particular case, the Home Office refused our application even though all requirements were clearly met.

Following our fresh application, the Home Office refused our client’s application again, however, this time they were wrong in doing so. The Home Office was claiming that our client had not provided evidence of her finances and how she will cover her expenses for the UK visit. We were confident that our client met the requirements and provided all of the necessary documents needed, as we had done so ourselves.

Visit visa refusal: How to challenge decisions

Visit visa refusals do not carry appeal right, so you cannot appeal visit visa refusal. Nor do they have a right to administrative review. The only option is to challenge it by way of threatening a Judicial Review. This does not mean that the Judicial Review will be needed. Often enough, a pre-action letter (done as part of pre-action protocol) is sufficient to overturn the decision.

In the present case, we explained the pre-action protocol and JR process to our client and obtained their instructions.  We prepared strong grounds for a pre-action protocol explaining how and why the Home Office was wrong in refusing the application. When considering the reasons for refusal letter, it came to our immediate attention that the Home Office had not considered the evidence we provided and as a result ignored some of the documents provided. For example, the financial documents had been ignored and not considered at all. Failing to consider available evidence makes a decision illegal and is a ground for overturning it. This was put forward to the Home Office in our pre-action letter.

Considering the numerous errors that led to the refusal decision, we informed the Home Office that we will be initiating JR proceedings if needed. Following our pre-action protocol application, the Home Office contacted us agreeing to rectify their illegal decision and issue our client with a visit visa. Therefore, we were able to overturn the refusal at the pre-action protocol stage. Our client happily entered the UK with her visitors visa.

If your UK visit visa has been refused or you are concerned that a previous refusal might play a negative role, get in touch with our expert immigration lawyers. Call us on 020 3372 5125 or contact us by filling in our form . 

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Home » Immigration Judicial Review » PAP

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

You should send a pre-action protocol (PAP) letter to Home Office UKVI before filing an  immigration Judicial Review (JR)  in Court and ask the Home Office UKVI to reconsider its refusal decision within 14 days.

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What Is A Pre-Action Protocol (PAP)

A pre-action protocol (PAP) letter is a letter written to the  Home Office, UKVI  in order to try and resolve a dispute concerning an immigration matter before  Judicial Review (JR)  proceedings are started against the Home Office UKVI. A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’.  All of these terms refer to the same thing.

Purpose Of Pre-Action Protocol (PAP)

The purpose of pre-action protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), act or omission of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant.

Response To Pre-Action Protocol (PAP)

Immigration Judicial Review (JR) proceedings against the UKVI are not normally issued until the proposed reply date given in the letter before claim has passed, unless the circumstances of the immigration case require more immediate action to be taken. Home Office UKVI, should normally respond to letter before action (pre-action protocol letter) within 14 days and Home Office UKVI may face cost implications for failure to respond to pre-action protocol (PAP) letter unless there are good reasons for not responding within that period.

An application for permission to apply for Judicial Review can be filed in the  Upper Tribunal  or  Administrative Court (High Court) , as the case may be, if the Home Office, UKVI do not respond to the pre-action protocol letter within 14 days  or  the Home Office UKVI responds within 14 days but maintains their decision to refuse the immigration application.

The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.

How Can We Help?

As specialist immigration solicitors, we can represent you in your pre-action protocol (PAP) letter for Judicial Review (JR) against the Home Office UKVI. Work to be carried out on your pre-action protocol letter by our immigration lawyers may entail the following:

• assessing the Home Office UKVI decision to identify the grounds which render the UKVI decision unlawful and not in accordance with relevant immigration laws;
• discussing the relevant grounds with you and advising you on the prospects of success in your matter;
• advising you about the weaknesses and strengths of your immigration case;
• preparing the pre-action protocol (PAP) representations and discussing the same with you before submitting them to the Home Office UKVI;
• submitting the pre-action protocol representations to the Home Office, Judicial Review Management Unit and liaise with them for a response to your pre-action protocol letter;
• assessing the UKVI response to pre-action protocol letter and discussing the same with you;
• re-assessing the merits of the case upon receiving the UKVI response to find out whether you still have a good case to proceed with the  Judicial Review (JR)  proceedings;
• advising you on the merits of the case after re-assessing the case in the light of the UKVI response.

How Much We Charge?

Unless your matter is very complicated, our fees for a pre-action protocol (PAP) are as given in the fee table below:

The agreed fixed fee or hourly rate will depend on the complexity of your matter and the volume of work involved in the matter.

Other Related Services

• Challenging Home Office Refusal Decisions
• Immigration Judicial Review (JR)
• Judicial Review (JR) In The Upper Tribunal (UT)
• Judicial Review In The High Court
• Cart Judicial Review (JR) Against The Upper Tribunal
• JR Appeal To The Court Of Appeal
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• Challenging Refusal Of Visitor Visa UK
• Challenging Removal from the UK

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• Resolve a dispute with the Home Office through the pre-action protocol
• Pre-Action Protocol (PAP) For Judicial Review – Civil Procedure Rules (CPR)

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Enquiry Form: Ask the Experts

You should submit a Pre-Action Protocol (PAP) letter to the Home Office UKVI before you issue the Judicial Review (JR) proceedings against the Home Office UKVI to challenge the refusal of a UK visa and immigration application.

A Pre-Action Protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI.

A Pre-Action Protocol (PAP) letter may also be called a 'letter before claim' or a 'letter before action'.  All of these terms refer to the same thing.

By sending a Pre-Action Protocol (PAP) letter to the Home Office UKVI, you put the Secretary of State for the Home Department (SSHD) on notice that you intend to file a Judicial Review against the Home Office UKVI decision to refuse the UK visa and immigration application and you give detailed grounds and reasons which render the decision of the Home Office UKVI unlawful. You give the Secretary of State 14 days notice to reconsider the refusal decision failing which you will issue the Judicial Review proceedings in the court.

You should send a Pre-Action Protocol (PAP) letter to Home Office UKVI before filing an immigration Judicial Review (JR) in Court and ask the Home Office UKVI to reconsider its refusal decision within 14 days.

When to send a Pre-Action Protocol (PAP) letter?

You can challenge the unlawfulness of UK visa refusal by way of Pre Action Protocol (PAP) against the Home Office UKVI in one of the following circumstances:

• The refusal decision does not confirm your right to appeal or ask for an Administrative Review (AR) of the refusal of your UK visa and immigration application;
• Your Administrative Review (AR) against the refusal of your UK visa and immigration application has been unsuccessful and you do not have the right to appeal against the refusal;
• Your application for reconsideration of refusal of naturalisation as a British Citizen has been unsuccessful;
• The Home Office UKVI has failed or omitted to make a decision on your UK visa and immigration application in a reasonable timeframe and the delay in the processing of the application can be challenged by way of Pre Action Protocol (PAP) letter and Judicial Review (JR), particularly, if you are prejudiced and adversely affected by such delay or omission on part of the Home Office UKVI.

Purpose of Pre-Action Protocol (PAP)

The purpose of a Pre-Action Protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), the act or omission of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant.

UKVI response to Pre-Action Protocol (PAP)

Immigration Judicial Review (JR) proceedings against the UKVI are not normally issued until the proposed reply date given in the letter before the claim has passed unless the circumstances of the immigration case require more immediate action to be taken. Home Office UKVI, should normally respond to the letter before action (Pre-Action Protocol letter) within 14 days and Home Office UKVI may face cost implications for failure to respond to Pre-Action Protocol (PAP) letter unless there are good reasons for not responding within that period.

An application for permission to apply for Judicial Review can be filed in the Upper Tribunal or Administrative Court (High Court), as the case may be, if the Home Office, UKVI do not respond to the pre-action protocol letter within 14 days or the Home Office UKVI responds within 14 days but maintains their decision to refuse the UK visa and immigration application.

Why choose Western Solicitors

• Expertise: Our solicitors are legal experts in the field of immigration law and have years of experience in handling immigration cases.
• In-depth knowledge: Our immigration solicitors keep up to date with the latest changes and developments in immigration law. This means they can provide you with the most up-to-date and accurate advice on your specific immigration issue.
• Support: We will provide you with the necessary support and guidance throughout the immigration process. We will advise you on any legal requirements or potential obstacles that may arise.
• One-stop service: We will advise you about eligibility criteria, requirements, and required supporting documents. We will prepare your whole application and submit it to the Home Office.
• Time-saving: Applying for any type of visa or citizenship can be a complex and time-consuming process. By using our service, you can rest assured that your application will be prepared and submitted correctly, saving you time and stress.
• Better chance of success: We can help you to present your case effectively which can maximize your chances of success.

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UK Immigration & Visa Lawyers

London's Best UK Visa & UK Immigration Law Firm

Judicial Review: Pre-Action Protocol

Embarking on the journey of challenging a decision made by the Home Office can be a complex and daunting endeavour. Whether it’s about obtaining entry clearance, leave to remain, or settlement rights, individuals often find themselves entangled in legal intricacies. Understanding the Pre-Action Protocol is crucial in navigating this process smoothly. This protocol, enshrined within the Civil Procedure Rules (CPR) , serves as a set of guidelines designed to ensure fairness and transparency before resorting to judicial review.

Understanding the Pre-Action Protocol

The Pre-Action Protocol is a fundamental aspect of the legal process preceding a judicial review. It provides a structured framework for all parties involved in a dispute, outlining the steps to be taken before formal legal proceedings commence. By adhering to this protocol, parties can exchange relevant information, attempt to resolve the issues amicably, and ultimately streamline the judicial review process.

What Constitutes a Judicial Review?

A judicial review is a legal mechanism through which individuals can challenge the lawfulness of decisions made by public bodies, such as the Home Office. Grounds for initiating a judicial review may include allegations of illegality, irrationality, or procedural impropriety in the decision-making process. It’s important to note that judicial review is distinct from other forms of appeal or administrative review and is considered the remedy of last resort in resolving disputes with public bodies.

Navigating the Pre-Action Protocol

A cornerstone of the Pre-Action Protocol is the issuance of a pre-action protocol letter, also known as a letter before claim. This letter serves as a formal notification to the Home Office of the intent to challenge a decision through judicial review. Crafting a compelling pre-action protocol letter requires a thorough understanding of the legal issues at hand, as well as meticulous attention to detail in presenting the grounds for challenge.

Key Elements of a Pre-Action Protocol Letter

A well-drafted pre-action protocol letter must contain all essential information relevant to the impending legal dispute. This includes a clear delineation of the decision being challenged, a summary of the factual background, and a cogent articulation of the legal basis for the challenge. Additionally, the letter should outline the specific remedies sought and any requests for further information or documents from the Home Office to substantiate the claim.

Urgent Judicial Review Applications

In certain urgent circumstances, such as cases involving imminent deportation or other serious consequences, individuals may need to bypass the pre-action protocol and proceed directly to judicial review . However, even in such cases, it’s advisable to notify the relevant public body of the impending legal action. Expert legal guidance is essential in navigating the complexities of urgent judicial review applications and securing timely relief for the client.

Frequently Asked Questions (FAQs)

• Judicial review must typically be initiated within three months of the decision, although urgent cases may require immediate action.
• Not all decisions are subject to judicial review; individuals will be notified if they have a right to challenge a decision through this process.
• While following the protocol is generally advisable, urgent circumstances may necessitate immediate action with due notification to the relevant public body.
• If there is no response from the Home Office within the specified timeframe, individuals may proceed with an application for judicial review to initiate formal legal proceedings.

Why Choose a Leading London Immigration Law Firm?

In complex immigration cases where individuals are pitted against formidable government entities like the Home Office, seeking expert legal representation from a firm such as ours is paramount. At DJF, we are a leading London immigration law firm which offers invaluable expertise and experience in navigating the intricate nuances of immigration law. From meticulously preparing pre-action protocol letters to advocating tirelessly throughout judicial review proceedings, such a firm ensures that clients’ rights are vigorously defended and upheld.

Preparation is the key to successful immigration pre-action letters. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our expert London Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.

For professional guidance and assistance with your application, contact our  immigration solicitors  on 02030110276 or complete our  contact form .

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• Crime, justice and law
• Courts, sentencing and tribunals

Apply for a judicial review in an immigration or asylum case

How to apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC), how much it can cost and what you can do if your application fails.

Applies to England and Wales

You can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review to challenge the lawfulness of a decision or other conduct by a public body in your asylum or immigration claim.

A public body can include the Home Office, the First Tier Tribunal or your local council.

Only use the judicial review process if you are challenging something on the grounds that it is unlawful, illegal, irrational or unreasonable (according to the legal criteria). You should seek independent legal advice if you are unsure.

Depending on the circumstances, instead of making a judicial review application to the UTIAC you may need to:

• appeal against the decision
• apply to the Administrative Court

Before applying for a judicial review you can get legal advice from a legal representative to help you with your application and case. You may also be eligible for legal aid to help with your legal costs.

If you do not have a legal representative, you may be able to get help to apply from Support Through Court .

When to appeal against a decision instead of applying for a judicial review

Do not apply for a judicial review if you believe that the decision was wrong – only if you think it was unlawful. For example, because the body didn’t have the legal power to make the decision.

If you believe the public body’s decision was wrong rather than unlawful, appeal against a visa or immigration decision instead of applying for a judicial review.

When to apply to the Administrative Court instead of the UTIAC

Do not apply to the UTIAC if you’re challenging any of the following:

• the validity of the immigration rules or legislation
• the lawfulness of your detention – while in detention you can still apply to the UTIAC to challenge the lawfulness of the decision to remove you
• your sponsor not being included on the register of sponsors maintained by UK Visas and Immigration
• a decision to refuse you British citizenship
• a decision to refuse you asylum seeker support
• a decision made by the UTIAC
• a decision made by the Special Immigration Appeals Commission
• a declaration of incompatibility under section 4 of the Human Rights Act 1998
• a decision that has been certified as in the interests of national security
• a decision by a competent authority in respect of being a victim of trafficking – in the UK this would be the Single Competent Authority (SCA) or the Immigration Enforcement Competent Authority (IECA), both part of the Home Office

Instead, make an application to the Administrative Court .

How to apply to the UTIAC for a judicial review

Download the application for judicial review form (UTIAC1) ( PDF , 271 KB , 21 pages )

If you are legally represented, you must send this form and documents using the HM Courts and Tribunals E-Filing service.

For those that are not legally represented, the preferred method is the E-Filing service. Alternatively, unrepresented applicants can email or send the signed and completed form with the appropriate arrangements for payment and documents to the Upper Tribunal’s regional office which is closest to the applicant. There’s a list of regional offices in the form.

If you are challenging a decision to remove you from the UK, you must follow Part 5 of the immigration judicial review practice direction .

You must send your application so the tribunal receives it no later than 3 months after the date of the decision that you are challenging. If you apply late, you will need to explain why in the form. A judge will decide if your application can still be considered.

A judicial review application has several stages. The first stage is the initial application (UTIAC1). The fee for the initial application is £169.

Depending on whether your initial application is successful and what happens next, you will have to pay additional fees. If permission is granted the fee for a final hearing is £847.

You can pay fees by:

• sending a cheque, banker’s draft or postal order, made payable to ‘HMCTS’
• attending in person at the court or office counter
• payment by account (through a legal representative only)
• making a bank transfer – you must contact the tribunal for a reference number before paying and any future time you make a bank transfer to us

You may be eligible for  help with fees .

Ask for your application to be considered urgently

In exceptional circumstances, you may be able to apply for an urgent consideration of your application. Urgent applications are usually reviewed on the day they are received by the Tribunal.

An exceptional circumstance might be if you:

• are going to be removed from the UK in the immediate future, or
• need to be in the UK soon

The public body will have given you a date you are due to be removed from the UK. This may help you decide whether to apply for an urgent consideration.

Download the application for urgent consideration or interim relief with UTIAC1 form (UTIAC4) ( PDF , 172 KB , 7 pages )

You must complete and return the UTIAC4 form with your UTIAC1 application. There is no additional fee for including the UTIAC4 form.

If you have already applied, you can still ask for an urgent consideration to review your application using form UTIAC5.

Download the application for urgent consideration or interim relief without UTIAC1 form (UTIAC5) ( PDF , 111 KB , 8 pages )

The fee for a UTIAC5 application is £281.

The preferred method for sending the UTIAC4 and UTIAC5 is the E-Filing service. Alternatively, you can email or send the signed and completed form to the Upper Tribunal’s regional office which is closest to the applicant. There’s a list of regional offices in the form.

How to serve copies of your application on the respondents

The tribunal will send you confirmation that they have received your claim. They will provide you with ‘sealed copies’ of your application – this means copies that have been date stamped and enclosed in an envelope using an official seal.

Within 9 calendar days of the date on the correspondence, you must send or hand the sealed copies of the application to all respondents in the case. If you do not do this your case could be ‘struck out’, meaning your claim is ended.

The respondents are the public body or bodies whose conduct or decision you are seeking to challenge as being unlawful. This might be:

• the Home Office
• the First Tier Tribunal (Immigration and Asylum Chamber), or
• your local council

Within the same 9 calendar days you must also complete and send a ‘statement of service’ form to the tribunal. This is to confirm that you have sent a copy of the application to the respondent or respondents. If you do not do this, your case could be ‘struck out’.

Download the statement of service form (UTIAC2) ( PDF , 83.6 KB , 4 pages )

What happens next

After you have filed your application for a judicial review and provided the sealed copies to the respondents, they have 21 days to acknowledge with the tribunal that they have received the application.

If you are a respondent, submit your acknowledgement to the tribunal with form UTIAC3 .

A judge will then look at your application and the respondent’s acknowledgement of service and decide whether to give permission for the case to proceed to a judicial review hearing.

If permission is granted

If the judge decides that your case should go to a judicial review hearing, you will need to pay the fee using form UTIAC12.

Download the fee following grant of permission on papers form (UTIAC12) ( PDF , 78.2 KB , 3 pages )

The fee is £847. You must pay the fee within 9 calendar days of the tribunal sending you the judge’s decision. If you do not do this, your case will automatically be ‘struck out’, ending the claim.

Once you have paid, a final hearing date will be set.

If permission is refused

If a judge refuses permission, they may decide that the application is:

• totally without merit, or
• not totally without merit

If they decide that your application is totally without merit, you will not be able to go any further. Check the judge’s decision for information about any right you have to appeal against the decision.

Appeal against a decision that your application is totally without merit

Download the apply for permission to appeal to the Court of Appeal form (UTIAC14) ( PDF , 115 KB , 7 pages )

The fee for a UTIAC14 application is £110.

The judge’s decision will include information on the time limit for a UTIAC14 application.

Apply for a reconsideration if your application is considered not totally without merit

You can apply for a reconsideration on the same grounds as your initial application by completing form UTIAC11.

Download the application to reconsider permission form (UTIAC11) ( PDF , 113 KB , 7 pages )

The fee to apply for a reconsideration on the same grounds is £424. You must pay the fee within 9 calendar days of the tribunal sending you the judge’s decision. If you do not pay the fee the claim cannot proceed.

Once you have paid for your reconsideration, a different judge will review your application. This is done at an oral permission hearing. If the judge grants permission, your case will proceed to a ‘substantive’ hearing (final hearing). You will then need to pay a follow-up fee of £385 using form UTIAC13. If you do not pay this within the specified time as directed your case will be automatically ‘struck out’.

Download the fee following grant of permission at a hearing form (UTIAC13) ( PDF , 79.4 KB , 3 pages )

If you want to change the grounds of your claim, you must instead reapply with form UTIAC6 .

If your claim is ‘struck out’

If your case is ‘struck out’ (ended) and you want it to proceed, you will need to apply to a judge to reinstate it using form UTIAC6 . A judge will then consider your application and decide whether to reinstate your case.

Before the final hearing

You may need to ask the tribunal to act if you want something done before your hearing. For example:

• apply for a summons for a witness to attend the hearing
• apply to adjourn a hearing that is at least 14 days away
• tell the UTIAC about a change in your legal representation
• withdraw your application or case
• ask for copies of the tribunal documents
• for an adjournment of a hearing that is less than 14 days away
• to reinstate proceedings if your case has been struck out
• to change your grounds for applying for a judicial review
• for case management directions

Apply for a summons for a witness to attend the hearing

You may want someone to attend the hearing as a witness. This could be anyone who could provide evidence that supports your application, including friends and family or an expert witness, such as your doctor or social worker.

If you want a witness to attend but they do not agree to, you can apply for a ‘summons’ for them to attend. This is an order from the tribunal for them to attend.

Download the application notice – attendance of a witness form (UTIAC8) ( PDF , 131 KB , 9 pages )

The fee for a witness summons is £55.

The witness must have at least 14 days’ notice of the hearing, unless otherwise directed by a judge. You must apply early enough for the tribunal to make its decision and arrange for the witness to receive the summons papers.

The judge may order you to give the summons papers to the witness. If so, the tribunal will provide instructions when they give you the papers.

You may be required to pay any expenses the witness has to attend the hearing.

You do not need to apply for a witness summons if a witness has agreed to attend a hearing.

Apply to adjourn a hearing that is at least 14 days away

An ‘adjournment’ is when a case is paused, or a hearing is suspended until another date. There might be a particular reason or various reasons an adjournment is needed.

Use form UTIAC9 to apply for an adjournment if:

• all parties agree to the adjournment, and
• the hearing is at least 14 days away

Download the apply for an agreed adjournment – 14+ days’ notice form (UTIAC9) ( PDF , 90 KB , 7 pages )

There is no fee to apply to adjourn a hearing that is at least 14 days away and where the other party agrees.

Use form UTIAC7 if:

• all parties agree, and
• the hearing is less than 14 days away

Use form UTIAC6 if:

• not all parties agree, and/or

Tell the UTIAC about a change in your legal representation

You must tell the tribunal if you change your legal representation at any time. Use form UTIAC16. There is no fee to do this.

Download the change in representation form (UTIAC16) ( PDF , 76.9 KB , 4 pages )

If you are a legal representative, you must also use the UTIAC16 form to tell the tribunal you are no longer instructed.

Withdraw your application or case

If at any time you decide you do not want to continue with the judicial review proceedings, you should give the tribunal notice that you want to withdraw the case.

Download the notice of withdrawal of all or part of a party’s case form (UTIAC10) ( PDF , 93.4 KB , 6 pages )

There is no fee to give notice to withdraw and you do not need consent from the respondents.

The tribunal will need to agree to the withdrawal and will give you that decision in writing. A hearing may still take place and an order made that affects you (for example, an order for you to pay outstanding costs).

Alternatively, you may have already agreed to the withdrawal, and any other terms (such as payment of outstanding costs), with the respondents. In this case, you should file a draft order with the tribunal using form UTIAC7 instead of a withdrawal notice.

If you have a legal representative, they can prepare the draft order for you. If you do not have a legal representative, you can ask the respondent to prepare the draft order

The draft order should be signed by all parties. The fee for filing a draft order is £110.

Ask for copies of the tribunal documents

You can ask the tribunal to send you copies of any of the documents in the file for your application. That includes copies of documents either you or a respondent has given to the tribunal.

Download the request for copies of documents from the tribunal form (UTIAC15) ( PDF , 94.4 KB , 5 pages )

The minimum fee is £10. This will pay for up to:

• 10 hard copy (paper) pages sent by post, or
• 10 electronic documents sent by email

The fee for each additional paper page or electronic document is 50 pence.

If you have paid £10 but the final fee is more than that, the tribunal will tell you before copying the documents. You will then need to pay the remaining part of the fee before the tribunal sends you the copies.

Apply on notice (with or without consent)

You may want to apply:

• for an adjournment of a hearing which is less than 14 days away

If any respondent has not agreed to the application, or does not agree to the action you want the tribunal to take, you can apply for notice without consent.

Download the application notice – without consent form (UTIAC6) ( PDF , 112 KB , 8 pages )

The fee to apply for notice without consent is £281.

If all respondents have agreed to the action you want to take, you can apply for notice with consent.

Download the application notice – with consent form (UTIAC7) ( PDF , 114 KB , 8 pages )

The fee to apply for notice with consent is £110.

What happens at the final hearing

At the final (‘substantive’) hearing, a judge will hear your case and decide whether the respondent’s conduct or decision was procedurally and legally correct.

If the judge decides the conduct or decision was illegal or unlawful, it will then decide whether or not to grant you the relief or remedy that you asked for in your claim and tell the respondent about any action they need to take.

If you are not successful in your judicial review claim, you may be able to ask permission to appeal the decision at the Court of Appeal , but you should seek independent legal advice before doing so.

You may have to pay additional costs, such as the respondents’ court costs. You will be given more information with the judge’s decision.

List of all UTIAC forms

• UTIAC1 – Application for judicial review
• UTIAC2 – Statement of service
• UTIAC3 – Acknowledgement of service
• UTIAC4 – Application for urgent consideration or interim relief with UTIAC1
• UTIAC5 – Application for urgent consideration or interim relief without UTIAC1
• UTIAC6 – Application notice – without consent
• UTIAC7 – Application notice – with consent
• UTIAC8 – Application notice – attendance of a witness
• UTIAC9 – Apply for an agreed adjournment – 14+ days’ notice
• UTIAC10 – Notice of withdrawal of all or part of a party’s case
• UTIAC11 – Application to reconsider permission form
• UTIAC12 – Fee following grant of permission on papers
• UTIAC13 – Fee following grant of permission at a hearing
• UTIAC14 – Apply for permission to appeal to the Court of Appeal
• UTIAC15 – Request for copies of documents from the tribunal
• UTIAC16 – Change in representation
• UTIAC17 – Representation at a hearing of immigration judicial review proceedings in the Upper Tribunal

Updates to this page

Updated fees information

Replaced forms with versions that reiterate the need or preference for using E-Filing

Updated page wording 5 September 2023.

Added additional items to when to apply to the Administrative Court instead of the UTIAC

Added UTIAC17 - Representation at a hearing of immigration judicial review proceedings in the Upper Tribunal

First published.

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