What is a Pre Action Protocol Letter?

A Pre-Action Protocol letter for judicial review is written to resolve immigration and nationality-related disputes and challenge decisions with the Home Office as a first step before seeking a resolution through the courts in England and Wales. The letter identifies the issues being disputed with the aim of narrowing down the areas of disagreement or avoiding litigation altogether.

The ‘Letter Before Claim’ is part of the Pre Action Protocol process; a set of guidelines that must be followed before initiating a judicial review. The Pre Action Protocol is set out under the Court’s Civil Procedure Rules Pre-Action Protocol for judicial review, with the aim of helping both parties to exchange information and settle disputes without the need for court proceedings.

A Pre-Action Protocol letter for judicial review must be filed with the Home Office within 3 months of the decision being disputed. The Home Office is then legally required to provide a letter of response within 14 days.

Not all immigration matters and decisions are suitable for judicial review which is why it is always recommended to check if you can and should apply. Please speak to our immigration lawyers who can assess your situation and advise you if there is merit in seeking a judicial review on 020 3744 2797 or complete our enquiry form.

Preparing a pre-action protocol letter to the Home Office

It is important to ensure that your Pre Action Protocol letter for judicial review is carefully and professionally drafted so that it contains the relevant information that will lead the Home Office to reconsider your decision positively. If it is not drafted correctly in strict accordance with the civil procedure rules, it is likely to be rejected at the outset. This is why it is so important to have your Pre-Action Protocol letter drafted by an experienced immigration solicitor who understands the judicial review rules, process, and case law.

A Pre-Action Protocol letter for judicial review should include the following information:

• Details of the claimant.
• Reference numbers to help the Home Office identify the case.
• The type of claim (e.g. points-based system, article 8, nationality, entry clearance etc.).
• The substance of the claim – i.e. this includes the matter being challenged, the facts and relevant legal principles, the date and details of the decision, the act or omission being challenged, and/or why it is contended to be wrong.
• What you would like the Home Office to do – e.g. overturn the decision made.
• Details of any information being requested to help resolve the matter.
• How the matter can be narrowed or resolved through mediation or other alternative dispute resolution methods.
• The details of any documents that are considered relevant and necessary.
• The address for reply and service of court documents.
• Proposed reply date.

How successful is the action protocol in overturning immigration decisions?

Unfortunately, the Home Office does not publish data on the success rate of Pre Action Protocol for Judicial review applications. Therefore, it is not possible to quantify the possibility of success. The likelihood of the Pre Action Protocol for judicial review is very much dependent on the individual factors of each case. With that said, your immigration solicitor can significantly boost your chances of success in overturning an immigration decision at the Pre Action Protocol stage or if it goes to a full judicial review in the courts by:

• Taking the time to understand the details of your case from the outset.
• Carefully reviewing any documents you can provide.
• Using their experience and knowledge of rules and processes followed by both the courts and the Home Office.
• Drafting a comprehensive Pre Action Protocol letter for judicial review letter, which meets all of the requirements of the civil procedure rules, ensuring it is then considered for further review.
• Requesting and carefully reviewing any relevant documents from the Home Office to strengthen your case.
• Building a case to clearly demonstrate that the Home Office did not follow the correct rules or did not apply the law correctly.
• Refer to any relevant case law decisions that significantly strengthen your case.
• Deal with any further correspondence from the Home Office and courts.
• Represent you in court if the matter proceeds to a full judicial review hearing.

To discuss your immigration decision with one of our expert immigration solicitors, please contact us on 020 3744 2797 or complete our enquiry form.