Pre-Action Protocol Letters and Judicial Review

In circumstances where an application for entry clearance or leave to remain has been refused by the Home Office, UKBA, and the individual has not been granted the necessary rights to appeal against this refusal within 3 months from the date the refusal letter was issued, the Home Office, UKBA can be challenged by way of Judicial Review.

In concurrence with the Civil Procedure rules, a Pre-Action Protocol notice, which is documentary evidence or information given via a Pre-Action letter, must be submitted to the Home Office, UKBA, allowing them at least a minimum of 14 days to evaluate and change their decision. Though the Home Office is allowed to evaluate their decisions on the refused application, the Pre-Action Protocol letter allows them to either grant a visa or still maintain their refusal on the application.

The applicant can make an application to the Upper Tribunal for permission to apply for Judicial Review if the Pre-Action Protocol letter has not been responded to by the Home Office, UKBA within 14 days or if the decision to refuse is maintained by the Home Office, UKBA. This application is normally made on paper and without a court hearing. The court will grant permissions and refusals on paper. The period after negotiations between the claimant’s solicitors and the solicitors representing the Home Office, UKBA (the Treasury Solicitors) can be resolved by consent when the majority of the applications for permission to apply for Judicial Review.

An application for renewal of permission for Judicial Review can be made within 7 working days for the application of permission to be decided after a court hearing if the permission has been refused by the Upper Tribunal. After the court hearing, the application for permission will be granted or refused if the court lists the matter for hearing.

The Judicial Review will be listed for substantive hearing if the application for permission is granted either after the hearing in the court or at the stage of application on paper. This statement illustrates that it can be decided whether or not the decisions of the Home Office, UKBA are in accordance with the relevant laws by the Upper Tribunal.

1. Pre Action Protocol for Judicial Review Against the Home Office, UKBA
2. Paper Application to Upper Tribunal for Permission to Apply for Judicial Review (JR)
3. Renewal of an Application for Permission to Apply for Judicial Review (JR) Against the Home Office, UKBA
4. Judicial Review Against the Home Office, UKBA Following Grant of Permission to Apply for Judicial Review (JR)
5. Emergency Injunction to Stop Removal from the UK