Pre Action Protocol
Pre Action Protocol or PAP is a notice of potential Judicial Review proceedings to the Home Office, in normal circumstances Home Office is given 14 days to respond to this pre-action protocol letter. The objective of the pre-action protocol is to avoid unnecessary litigation. The time limit to bring judicial review proceedings is as soon as possible and within 90 days from the date of original refusal decision and a pre action protocol letter has to be given to the Home Office within those 90 days.
Grounds for Judicial Review
Judicial review is a complex legal process and is normally deemed as a remedy of last resort. We are only able to assist the applicants on the initial Pre Action Stage of the legal challenge.The purpose of a pre-action protocol letter is for the applicant bringing the judicial review to set out their case against the Secretary of State for the Home Department (the Home Office) allowing them to consider the merits of the case before any litigation commences.
How can we assist?
Frequently Asked Questions
The key change is that, if an application is likely to be refused, then a ‘Minded to Refuse notification’ letter will need to be sent to the applicant.