Pre Action Protocol (PAP) Letter Before Claim to Home Office
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. The pre-action protocol states that the Home Office should usually respond to your letter within 14 days.
Our immigration solicitors can support your judicial review case, get in touch today on 01614644140 for more information about our judicial review services.
Purpose of Pre-Action Protocol Letter
The pre-action protocol serves as a structured approach designed to promote resolution without resorting to legal action. Its five key aims are:
- Issue Identification: To clearly outline the points of contention, helping both parties understand what is disputed and sharing any relevant documents or information.
- Informed Decision-Making: To ensure both parties can decide how best to proceed, including whether to pursue the claim or explore alternatives.
- Settlement Efforts: To encourage attempts at resolving the dispute without legal proceedings, or, if resolution isn’t possible, to narrow down the issues that need to be addressed in court.
- Cost Efficiency: To reduce unnecessary costs associated with dispute resolution by avoiding steps that may not contribute to resolution.
- Efficient Management of Proceedings: To support streamlined court proceedings if legal action does go forward, enabling a more effective process.
Pre-Action Protocol in Immigration Judicial Review
Before seeking judicial review, you should follow the steps outlined in the pre-action protocol. Find out more about the protocol and the pre-action conduct that you must undertake.
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.
Response To Pre-Action Protocol (PAP)
A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’. 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.
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.
How Can We Help With Pre-Action Protocol?
As specialist immigration solicitors, we are experienced to represent you in drafting a Pre-Action Protocol (PAP) letter for Judicial Review (JR) against the Home Office UK Visas and Immigration (UKVI). Our immigration lawyers can assist you with the following steps in preparing your PAP letter:
- Assessment of the UKVI Decision: We carefully review the Home Office decision to identify any grounds that may render it unlawful or inconsistent with immigration laws.
- Discussion and Advice: We discuss these grounds with you in detail, advising on the strengths and prospects of success in your specific case.
- Evaluation of Case Strengths and Weaknesses: We provide guidance on both the potential weaknesses and strengths of your immigration case to ensure you make informed decisions.
- Drafting PAP Representations: We meticulously prepare the PAP representations and review them with you to ensure accuracy and clarity before submission to the Home Office.
- Submission and Follow-Up: We submit the PAP representations to the Judicial Review Management Unit and engage with them to obtain a response to your pre-action protocol letter.
- Response Assessment: Upon receiving a response from UKVI, we analyze their position and discuss the implications with you.
- Merits Re-evaluation: We reassess the overall merits of your case in light of the UKVI response to determine whether it remains strong enough to proceed with Judicial Review (JR).
- Final Advice: Based on this re-evaluation, we provide final guidance on the merits and feasibility of moving forward with JR proceedings.
Our thorough approach ensures you are well-informed and well-prepared to challenge the UKVI decision effectively.
How Much We Charge for PAP Letter?
Unless your matter is very complicated, our fees for a pre-action protocol (PAP) are as given in the fee table below:
| Our Service | Fixed Fee Range | Hourly Rate |
|---|---|---|
| Pre-action protocol (PAP) for Judicial Review (JR) against the Home Office UKVI | From £500 + VAT To £1,000 + VAT | From £150 + VAT to £250 + VAT per hour |
Can a Pre-Action Protocol Result in the Immigration Matter Being Resolved?
Yes, a Pre-Action Protocol (PAP) can indeed lead to the resolution of an immigration issue, potentially resulting in the Home Office overturning an immigration decision. Although the Home Office offers a template for submitting a PAP, we highly recommend seeking expert legal assistance to ensure the best possible outcome.
One advantage of working with Deluxe Law Chambers is our ability to strengthen your case at the PAP stage, significantly increasing the likelihood of resolving the matter without the need for a Judicial Review (JR). By preparing a strong and thorough PAP, we present the Home Office with a compelling argument that can encourage them to reconsider their decision. This approach not only saves you time and money but also avoids the additional costs and resources associated with a JR for both parties.
Does the Home Office/UKVI Have to Respond to the Letter Before Claim?
Yes, under the Pre-Action Protocol, the Home Office or UKVI is required to respond to a Letter Before Claim within 14 days. If they fail to respond within this timeframe and without a reasonable explanation, the applicant may proceed with further legal action.
With our thorough knowledge of the Judicial Review process, we ensure that every step is completed accurately and on time. Delays or errors could cause your claim to become time-barred, making it essential to act promptly and carefully. Our clients often find reassurance in having experienced legal professionals manage their case, as we keep them informed at every stage, providing regular updates to ease any concerns or anxieties.
Why choose Deluxe law chambers?
Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.
We have offices in London and Manchester. However, we provide immigration advice and services nationwide.
Our commitment to affordability means that you can receive expert advice without straining your finances. Our success hinges on transparency. We believe in keeping you informed about every step of the process, ensuring that you understand your options and the potential outcomes.
- REGULATED – We are regulated and approved by the Solicitors Regulation Authority (SRA) to provide immigration advice & services.
- EXPERIENCE – Our firm rests on specialist immigration lawyers and solicitors with years of experience. Our well-earned experience distinguishes us from others.
- EXPERTISE – As your immigration lawyer, we offer unparalleled expertise. We don’t just understand and interpret the law, we keep an eye on the slightest changes.
- AUTHORITY – Our authority isn’t just about legal powers but is gained through genuine care and successful outcomes for our clientele. So, why choose just a lawyer when you can choose a trusted authority?
- TRUST – Our commitment to uphold your trust is unwavering. Our transparency and ethical conduct are treatments for the trust placed in us by our clients.
- DIRECT ACCESS – At Deluxe Law Chambers as your immigration lawyers, you will have direct access to your qualified lawyer 24/7.
- REMOTE SERVICES – We are able to provide a fully digital service, and you may never have to visit our offices for 9/10 immigration cases.
- AFFORDABLE – We are a law firm with an affordable and fixed fee plan. We offer two installments to ensure you can pay easily.
A combination of our rich experience, deep-rooted expertise, trust authority, and unwavering commitment to our clients makes us your best choice.
So, why wait? Take your first step towards a successful immigration application with us.
