This letter serves as a formal attempt to resolve the dispute before resorting to court action. Often referred to as a "letter before claim" or "letter before action," the PAP letter outlines the reasons why the Home Office's decision is considered unlawful and notifies the Secretary of State for the Home Department (SSHD) of your intention to seek a Judicial Review if the matter is not resolved within 14 days. By sending a PAP letter, you give the Home Office UKVI a final opportunity to reconsider their refusal decision before Judicial Review proceedings are commenced. This step is crucial as it could potentially resolve the issue without the need for further legal action.
When Should You Send a Pre-Action Protocol (PAP) Letter?
A PAP letter is appropriate in various situations, such as:
1- When the refusal decision does not provide the right to appeal or request an Administrative
Review (AR) of your visa or immigration application.
2- If your AR has been unsuccessful and you have no further right to appeal.
3- When your request for reconsideration of a refusal, such as for naturalization as a British Citizen,
has been denied.
4- If the Home Office UKVI has delayed or failed to make a decision on your application within a
reasonable timeframe, particularly if this delay negatively impacts you.
Purpose of the Pre-Action Protocol (PAP)
The main aim of a PAP letter is to clarify the issues in dispute and determine whether litigation against
the Home Office UKVI can be avoided. The letter should include the date and details of the decision
being challenged, a summary of the facts supporting your Judicial Review claim, and any relevant
information you are requesting from the Home Office.
Judicial Review proceedings typically should not be initiated until the 14-day response period specified in the PAP letter has passed, unless urgent circumstances require immediate action. The Home Office UKVI is expected to respond within this timeframe, and failing to do so could result in cost implications for the Home Office. If they either fail to respond or maintain their refusal decision, you can then file for Judicial Review in the Upper Tribunal or Administrative Court. The PAP process does not alter the strict time limits for filing a Judicial Review, which must be done promptly and within three months of the date when the grounds for the claim first arose, as per CPR Part 54.5(1).
Our team of immigration solicitors offers a free assessment of your visa or immigration refusal to determine whether you have valid grounds for a challenge. If we identify a basis for challenging the refusal, we will provide a fixed-fee quote for our legal representation. To receive a free assessment, you can email your refusal letter to info@visahotspot.com.
Our expert team of UK immigration solicitors is here to offer specialized advice and legal support for your Pre-Action Protocol (PAP) letter in preparation for Judicial Review (JR) against the Home Office UKVI. The services we provide in relation to your PAP letter may include the following:
Our fixed fees for challenging UK visa refusals are outlined below:
The fixed fee depends on the complexity of your case and the amount of work required. Additional costs
may include third-party fees such as court and Barrister fees.
Schedule an Appointment with Our Immigration Solicitors
You can book an appointment online with our specialist immigration solicitors for detailed advice and
consultation regarding your UK visa and immigration matter by using the links below:
Main Boulevard Gulberg, Main Market, Lahore, Punjab 54000
+923304184970info@visahotspot.com
Burhan Center, 97-99, Gulistan Market Railway Road, Faislabad, Pakistan
+923304184970info@visahotspot.com
Associate Office (London)
+44 7402020027
info@visahotspot.com