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Highlights

Judicial Review Pre-Action Protocol

March 19, 2019 131

What is it? It sounds rather complicated. Well, Judicial Review Pre-Action Protocol (sometimes known more simply as a “letter before action”) is the first stage in a Judicial Review application.

A Judicial Review application is an application to challenge an immigration decision when there is no right of appeal to the First-Tier Immigration Tribunal or any other sort of challenge available.

For example, if a visitor visa application is refused there is in most cases no right of appeal to the Tribunal and neither is there any right to administrative review by UK Visas & Immigration. Judicial Review is the only remedy of challenge available.

The Judicial Review Pre-Action Protocol (JRPAP) is a letter which is sent to UK Visas & Immigration, which says that the decision is wrong and explains why the decision is claimed to be wrong. It asks the UKVI to re-examine the decision and it gives a deadline for them to respond.

If the UKVI decision is a poor one, and if the JRPAP is persuasively argued, the UKVI may overturn the decision and grant the visa to the applicant.

If the UKVI refuses to overturn the decision then the applicant has the option of pursuing the Judicial Review application further. Judicial Review hearings are in most cases held before the Upper Immigration Tribunal.

Get UK Visa, as it is accredited at the highest OISC level, is permitted to prepare JRPAP applications, and if you have had a visitor visa application refusal, or any other type of refusal where Judicial Review is the only way forward (for example, if an administrative review application has been unsuccessful), we may be able to help you.

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