Pre-Action Protocol Before Judicial Review
Before applying for Judicial Review, a Pre-Action Protocol (PAP) letter must usually be sent to the Home Office. This letter explains why the decision is unlawful and gives the Home Office an opportunity to reconsider the decision before court proceedings are started.
A Pre-Action Protocol letter may be used in cases such as:
- Unreasonable delays
- Unlawful refusals
- Sponsor Licence revocation
- Visa refusals with no appeal rights
- Detention cases
- EU Settlement Scheme refusals
- Failure to make a decision
In some cases, the Home Office will withdraw the decision after receiving a Pre-Action Protocol letter.
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