Pre Action Protocol: Immigration, Judicial Review & Home Office Guide
Before making an application for judicial review you must comply with the pre-action conduct outlined in the pre-action protocol. Find out more about the steps you must take.
For more information about pre-action protocols, contact us today on 020 4502 8582.
Page Contents
What are pre-action protocols? Understanding the Pre Action Protocol for Judicial Review and Immigration
Pre-action protocols set out the conduct that you are expected to adhere to before commencing proceedings for civil claims, they can be found within the civil procedure rules. The pre-action protocol for judicial review outlines the steps that you must take before you seek a judicial review. The protocol also outlines the pre-action conduct expected from the defendant, in judicial review cases for immigration and asylum issues this is usually the Home Office.
If either party fails to follow the pre-action rules then this will be taken into account at a later point in the legal proceedings and sanctions may be imposed. If you lose your case then you could be ordered to pay additional costs for failing to follow the pre-action protocol and if you win your case then any costs that you are awarded could be reduced if you have not followed the proper pre-action steps.
Objectives of the pre-action protocol for judicial review
The pre-action protocol for judicial review has 5 main objectives, they include:
- To identify and gain a better understanding of the issue you are disputing in your claim by sharing relevant information and documents.
- To decide whether to proceed with legal proceedings and how to do so.
- To make attempts to settle the dispute without the use of court proceedings.
- To lower the cost of resolving your dispute and to avoid expenses that are unnecessary.
- To ensure that proceedings are efficiently managed in cases where civil litigation cannot be avoided.
To meet these objectives, the protocol lays out the following steps that you should follow in the pre-action stage. These are detailed below.
Pre-Action Protocol for Immigration Cases
PAP is mandatory before proceeding to judicial review for most immigration cases. However, there are some urgent cases in which the claimant may be exempt from PAP, and these cases are typically for urgent situations, such as deportation.
The types of decisions that are often challenged in immigration cases include:
- Unlawful detention
- Denial of leave
- Refusal of reconsideration
- Removal directions
- Unlawful or unreasonable visa delays
Before an immigration case goes to judicial review, the claimant must provide a Letter Before Claim (otherwise known as a pre-action letter) to support their case. The letter must outline the issues in dispute and the reasons why the Home Office’s decision is unlawful.
There are consequences for both parties who fail to comply with PAP. Claimants who skip or mishandle PAP in legal proceedings regarding immigration may face sanctions, with a possibility of reduced costs if the defaulting party wins a subsequent judicial review.
Alternative Dispute Resolution in Pre Action Protocols: Resolving Disputes Before Judicial Review
A judicial review should only be sought as a last resort, this is why the first step outlined in the pre-action protocol is to attempt to find an alternative dispute resolution (ADR). The court may ask you for evidence that you have attempted to use alternative routes to settle the dispute prior to seeking judicial review.
The pre-action protocol does not list all of the methods that could be used as ADR but some that it does list include:
- Discussion and negotiation
- Mediation
- Ombudsmen
- Other complaints procedures
It’s worth noting that whilst attempting to find an alternative dispute resolution is a key part of pre-action conduct, following this step can not be used as an excuse for missing the deadline for seeking a judicial review. The time limit to submit an application for judicial review is no later than 3 months after the cause for claim occurred.
Requesting Information and Documents Under the Pre Action Protocol: Letter Before Action Response
Prior to judicial review, the pre-action protocol states that you have a right to request information and documents from the Home Office, this is known as pre-action disclosure. The protocol states that your requests for information and documents should be proportionate and can be for the following reasons:
- To understand the basis of a decision
- To identify the issues that you are making a complaint about
The public body that you are making the complaint against must comply with your proportionate requests for information and documents unless they can give a good reason for not doing so. If they fail to provide you with the requested information then they could face cost sanctions.
Chronology: Step-by-Step Guide to Complying with Pre-Action Protocol
It is important to note that Judicial reviews are for challenging the legality of the Home Office’s actions and decisions, not investigating whether the Home Office’s decision is the correct one.
Identifying the decision to challenge
If a visa has been refused, a decision has been delayed, or the applicant believes the decision was unlawful, they can challenge the Home Office. Claimants can also challenge a decision if they do not have the right to appeal or if an administrative review has been unsuccessful.
Preparing the Letter Before Claim
When preparing a Letter Before Claim, it’s important to be accurate and in-depth when covering the legal basis of the claim. Make sure to have a copy of all documents that support the claim. An immigration lawyer can help to set out the claimant’s arguments effectively.
Sending the Letter
The PAP letter should be sent to the Home Office’s UKVI department at the email address UKVIPAP@homeoffice.gov.uk.
Waiting for the Home Office Response
In straightforward immigration cases, the Home Office usually responds within 14 days of receiving a Letter Before Claim, although it can take longer.
Proceeding with Judicial Review
A claimant must apply for judicial review of a case within 3 months of receiving the Home Office’s decision. This involves filling in an application form and submitting evidence to the relevant court (Upper Tribunal or Administrative).
If the application is successful, a substantive hearing will take place.
Letter Before the Claim: Pre Action Protocol Letter to Home Office
Another key element of the expected conduct set out in the pre-action protocol is the letter before the claim. The letter before claim refers to a letter that you should send to the defendant so that the issue in dispute can be identified and to find out whether there is a way to settle the dispute without litigation.
Your letter must contain some very specific information, this includes:
- The date and details of the decision, act or omission that you are challenging
- A summary of the facts and the legal basis for your claim
- Details of any information or documents you are requesting from the defendant and why this is relevant to your claim
- Details of any person that you know who is affected by your claim, any Interested Party should also be sent a letter before the claim
- Your proposed reply date, you should usually give at least 14 days
- If you are going to ask for a protective costs order you should explain your reasons for this in the letter
You must make sure that your letter is sent in good time so that you have time to receive a response before the time limit for making an application for judicial review expires.
The Home Office has its own form for claims about asylum and immigration issues that you can fill in and submit via email instead of a letter before the claim. By filling in this form you will meet all of the letter before claim requirements outlined in the pre-action protocol, however, you do not need to use the Home Office’s standardised form if you do not wish and you can send your own letter instead.
Letter of Response to Pre Action Protocol: Home Office Response to Pre Action Protocol and Timelines
As well as detailing the requirements for the letter before claim, the pre-action protocol also lays out what is expected of defending parties when it comes to a letter of response. It states that defendants should usually respond to a letter before claim within 14 days and that failure to do so will be taken into account by the court and sanctions could be imposed unless the defendant can prove that they had good reasons for not meeting the reply date.
The letter of response should make it clear whether the claim is being conceded in full, conceded in part or is not being conceded at all. The rest of the information that must be included in the letter will vary depending on the case but the letter may need to:
- Contain a new decision
- Identify which aspects of the claim are being conceded and which are not
- Give a timescale for when the new decision will be issued
- Give a more in-depth explanation for the decision
- Address any of the points being disputed in the claim
- Enclose documents that the claimant requested or reasons why these cannot be provided
- Confirm whether an application for an interim remedy will be opposed
- A response to a request for a protective costs order if one has been made
If the defendant cannot reply by the proposed response date then they are expected to issue an interim response. In this interim response, they should ask for an extension of the response date and should give a date by which they can properly respond by. They should also give the reasons for this extension and may need to supply other additional information.
What is the Pre-Action Protocol Success Rate?
The Home Office does not publish data on the success rate of PAP; however, PAP is considered an effective means of boosting the chances of success in Home Office immigration decisions.
PAP can also be time and cost-effective, as it provides an opportunity to resolve issues early without needing to go to judicial review, as the judicial review process can take up to a year.
While PAP doesn’t always guarantee success, some common factors that can influence outcomes are:
- Hiring an immigration adviser to handle your case and set out strong arguments in your defence in the Letter Before Claim to the UKVI
- Maintaining compliance with the Home Office during the PAP stage
- Proposing solutions to settle disputes to avoid taking your case to judicial review
The Home Office may decide to maintain, amend, or withdraw the visa refusal. In the response letter, the reasons why they concede, partially concede, or deny the claim will be outlined.
Pre-Action Conduct and Protocols Under CPR Rules
Compliance with Home Office guidance is essential to securing PAP success. In UK immigration law, the Civil Procedure Rules (CPR) CPR Practice Direction on Pre-Action Conduct outlines the steps both parties (Home Office and claimant) must take before issuing a claim at court.
If any party fails to comply, financial penalties may apply, such as cost sanctions, where one party pays the other party’s costs. This applies even if a party wins the case.
Examples of non-compliance in PAP conduct include:
- Not enough information is provided, so the issues in the case aren’t fully grasped
- Missed deadlines, such as failure to respond to a letter within a set timeframe
- When a party fails to cooperate in Alternative Dispute Resolution (ADR)
What Happens if PAP is Ignored or Mishandled
If PAP is ignored, and the Home Office fails to respond to a PAP letter within 14 days, there will be costly consequences, and the visa applicant can proceed to judicial review.
If a claimant mishandles PAP, the Home Office may reject judicial review and decide without addressing the claimant’s case. They may also face sanctions, which include court orders where some or all of the other party’s costs are paid, on a standard or indemnity basis. In some cases, interest on any damages awarded may be reduced or denied.
Pre-Action Protocol for Visa Refusals
The Home Office may refuse a visa for reasons such as a lack of evidence of sufficient funds, incomplete applications, and a lack of evidence that the applicant plans to return to their country of origin.
When a visa is refused, the applicant may be able to apply for judicial review or administrative review. Administrative review applies if there are general casework errors, whereas judicial review investigates compliance with legal procedures, human rights, and legal fairness.
Judicial review is often considered the last resort and may be the only option, especially for visa routes where there isn’t a right to appeal against the Home Office’s decision, such as with student and visit visas.
The first step when taking action against the Home Office’s decision regarding visa refusals is to construct a PAP Letter Before Claim to submit to the UKVI. A well-executed Letter before Claim can result in both parties coming to a solution and avoiding judicial review.
This process can be overseen by a adviser, who will work with the visa applicant to effectively outline their case. At London Immigration Lawyers, we have years of experience in helping visa applicants who have had their visa refused to apply for judicial review. Call us today on 0204 502 8582 for step-by-step, expert guidance.
Urgent Judicial Review Cases and Pre Action Protocol: Handling Time-Sensitive Claims
If your claim for judicial review is urgent then you are not expected to follow the steps laid out in the pre-action protocol and should instead submit your claim immediately. You will need to determine for yourself whether your claim can be deemed as urgent, if it is found to not be urgent and you have not followed the pre-action protocol then you could still face sanctions.
According to the pre-action protocol, examples of urgent claims could include cases in which a claimant is facing removal from the UK or where there is an urgent need for an interim order to force urge a public body to act where they have refused to do so unlawfully.
How Can London Immigration Lawyers Help with Pre Action Protocols, Visa Refusals, and Judicial Review?
UK immigration law is incredibly complex and understanding the pre-action protocol and all the steps that you must take before making your claim for judicial review can be difficult. If you plan to apply for judicial review it is highly advised that you seek professional legal advice from an immigration expert.
Our London immigration lawyers can assess whether your dispute is eligible for judicial review, explain the pre-action rules to you and guide you through the steps outlined in the pre-action protocol. The support that we can offer during the pre-action period includes:
- Ensuring full compliance with the pre-action conduct outlined in the protocol
- Liaising with the Home Office or other defendant on your behalf to make appropriate attempts at finding an alternative way to settle the dispute outside of court proceedings
- Writing a letter of claim that includes sufficient information according to the protocol and sending this within good time
- Offering advice regarding the key documents and information that you should request to aid your case
For more information about our judicial review services, or to book a legal advice session today, contact us on 020 4502 8582.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.
Last modified on August 22nd, 2025 at 7:37 am
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Frequently Asked Questions
A pre-action protocol outlines the steps that the court would expect both parties to take prior to commencing legal proceedings. The pre-action protocol can be found within the civil procedure rules.
The court will expect parties to have followed the pre-action protocol and if either party have failed to do this then the court will take this into consideration at a later point during legal proceedings and may impose sanctions on either party.
You are a litigant in person if you do not have a legal representative for the judicial review. If this is the case then the Home Office will provide a copy of the Pre-action protocol with the letter of response.
