Judicial Review Pre-Action Protocol applications
Submit a Judicial Review Pre-Action Protocol
Some types of refusal decision do not generate the right to either Administrative Review or an appeal, for example visitor visa application refusals, short-term study visa application refusals, visa revocations. The only legal remedy for refusal in cases like these is Judicial Review.
And where an Administrative Review application is unsuccessful further right of challenge is also by way of Judicial Review.
Judicial Review (JR) is a process that is carried out in most cases before the Upper Immigration Tribunal, where appeal functions and Judicial Review functions are carried out separately.
In the Judicial Review process the Upper Tribunal looks at the Home Office/UKVI’s decision and assesses it for correctness and legality. If the decision looks arguably wrong then Judicial Review will be granted. The typical remedy in a successful Judicial Review is that the decision is “quashed” (ie cancelled) and the Home Office/UKVI is required to re-take the decision on the correct legal basis.
The first stage in a Judicial Review application is the preparation and submission of a Judicial Review Pre-Action Protocol (JRPAP). This is a legal argument, set out in a certain format, which is sent to the Home Office, which states why the decision is claimed to be unlawful or wrong. It asks the Home Office to reconsider the application and overturn it if it thinks appropriate.
Effectively, the JRPAP is a “threat” of Judicial Review and gives the Home Office a chance to overturn the decision.
If the JRPAP is well prepared, and if the decision is weak, the Home Office may overturn the decision and reconsider it and issue a new decision. The new decision may or may not be positive; if it is positive then the visa will be granted to the migrant.
Importantly, if the JRPAP is unsuccessful you do not have to proceed with Judicial Review if you do not want to.
Requirements for a Judicial Review Pre-Action Protocol
Unlike judges, Home Office caseworkers are evidently not in most cases trained lawyers, and so the requirement for a good JRPAP is that it is concise and to the point and does not get too tied up in legal jargon. Where legal points need to be made they need to be strong and clear, and legal issues need to be presented in the clearest possible way.
It is important to explain why the migrant believes the decision to refuse their application is wrong.
What we can do for a successful application
We can review your application’s refusal decision letter and advise you on the next way forward. We can provide you clear immigration advice about the refusal and if your case has merits to proceed further with Pre Action Protocol/ Judicial Review. Once instructed we will prepare such a JRPAP, relying on our experience to give you the best chance of success.
Not every refusal decision can be successfully challenged and JR comes at a cost therefore, it is advisable to get initial advice before proceeding further with your Judicial Review application. We can provide you all the advice you need to make an informed decision.
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