If you have received an immigration decision from the Home Office that you believe is unlawful, you are not alone—and you do have options. Whether your visa has been refused, your asylum claim certified, or you face removal from the UK, the pre action protocol UK for judicial review is often the first formal step towards challenging that decision. This structured process gives you the opportunity to set out your case clearly, request key information, and potentially resolve the dispute before issuing court proceedings.

In plain terms, the pre action protocol UK is a set of steps and standards that must be followed before starting a judicial review claim. It requires you to send a detailed letter before claim to the Home Office, explain why the decision is unlawful, and give them a chance to respond or reconsider. This article focuses specifically on immigration, asylum and nationality judicial reviews in England and Wales, including cases handled by the Upper Tribunal Immigration and Asylum Chamber.

Our team, at Axis Solicitors, is experienced in guiding clients through the pre action protocol UK stage and, where necessary, through to full judicial review proceedings. In the sections below, we explain exactly what the protocol involves, how to draft a compliant letter, what to expect from the Home Office, and when urgent action may be needed.

What Is the Pre Action Protocol UK for Judicial Review?

The pre action protocol UK is a formal framework of good practice established under the Civil Procedure Rules (CPR), specifically designed for judicial review claims in England and Wales. It applies to any challenge against a public body exercising a public function, including the Home Office, Entry Clearance Officers, and the Secretary of State for the Home Department. When challenging public bodies, there is also a common law requirement, developed through case law, for these authorities to act lawfully.

Pre-action protocols vary by claim type, with specific protocols for personal injury, debt recovery, and other areas of civil litigation.

The current version is issued under CPR Part 54 and the associated Practice Direction, which sets out clear expectations for both claimants and defendants before legal proceedings begin. Under the pre-action protocols, parties must send a Letter of Claim, disclose key documents, and attempt settlement.

By following the pre action protocol UK, claimants demonstrate that they have taken reasonable steps to resolve the dispute, which courts and tribunals expect parties to do before issuing proceedings.

Judicial Review in UK Immigration Law and When the Pre Action Protocol UK Applies

Judicial review is a public law remedy that allows individuals to challenge decisions or failures to act by the Home Office. Unlike an appeal, judicial review does not involve a full rehearing of the facts. Instead, the High Court or Upper Tribunal examines whether the decision was made lawfully, fairly, and in accordance with relevant legal principles.

Not every immigration decision can be challenged by judicial review. It is generally available where there is no adequate alternative remedy, such as a right of appeal. Courts and the Upper Tribunal expect parties to comply with the relevant pre action protocol UK visa before issuing a claim, except in clearly urgent cases where time does not permit.

Common immigration decisions where the pre action protocol UK stage is relevant include:

• Refusal of human rights claims under Article 8 ECHR (family and private life)
• Certification of asylum claims as clearly unfounded
• Refusal to treat further submissions as a fresh claim
• Unlawful detention or failure to conduct detention reviews
• Delays in decision-making by the Home Office
• Certain visa refusals where there is no statutory right of appeal
• Decisions to issue removal directions

The grounds of challenge in immigration judicial review typically fall into three categories:

• Illegality: The Home Office misapplied the Immigration Rules, statutory provisions, or relevant policy guidance
• Irrationality (Wednesbury unreasonableness): The decision was so unreasonable that no reasonable decision-maker could have reached it
• Procedural unfairness: The Home Office failed to consider evidence, provide reasons, or follow fair procedures

Core Requirements of the Pre Action Protocol UK in Immigration Cases

The pre action protocol UK sets out clear expectations for claimants before they can issue judicial review proceedings. These requirements are designed to ensure compliance with good practice, give the defendant an opportunity to respond, and promote early resolution wherever possible.

The protocol requires claimants to:

• Send a detailed letter before claim to the Home Office, setting out the decision challenged, the relevant facts, and the legal basis for the challenge
• Make proportionate requests for relevant documents and further information
• Consider whether alternative dispute resolution or an alternative remedy is available
• Allow the Home Office a reasonable period to provide a substantive response

It is essential to understand that the pre action protocol UK does not change the statutory time limits for judicial review. Claimants must still file claims promptly, and in immigration cases, this ordinarily means within three months of the decision or act being challenged. Non compliance with the protocol can result in costs sanctions, even if the claimant ultimately succeeds in the judicial review.

The Upper Tribunal Immigration and Asylum Chamber applies the same expectations as the High Court when it comes to pre action conduct. Failure to follow the pre action protocol UK may be considered relevant by judges at the permission stage and when deciding who should be at fault pay for costs.

Step-by-Step: Drafting a Pre-Action Protocol UK Letter Before Claim

In immigration, asylum and nationality cases, claimants often use the official Home Office pre action protocol UK letter form (sometimes called the “Annex A” style). This is a standardised form designed to ensure all relevant information is included systematically, streamlining communication and review by the Home Office. However, a properly drafted bespoke letter can be equally effective, provided it contains all the required information and is clearly grounded in law and evidence.

The letter before claim is a crucial court document. It sets out your case in writing for the first time and, if proceedings are issued, will be placed before the court or tribunal. It should be professional, accurate, and firmly rooted in the facts and legal arguments you wish to rely upon.

A compliant pre action protocol letter must include the following essential components:

• Claimant’s details: Full name, address, contact details, and Home Office reference numbers
• Defendant’s details: The relevant Home Office department or decision-making unit (e.g., “UK Visas and Immigration, Sheffield Decision Making Centre”)
• Interested parties identified: Any other party with an interest in the claim (e.g., a sponsor, employer, or local authority)
• Decision or act challenged: The specific decision being challenged, including the date and reference number (e.g., “refusal letter dated 12 March 2026, ref. GWF123456789”)
• Clear summary of facts: A concise account of the claimant’s immigration history, key evidence, and the circumstances leading to the challenge
• Legal grounds: The relevant legal principles relied upon (e.g., breach of Article 8 ECHR, failure to apply Appendix FM, procedural unfairness)
• Documents and information requested: Specific requests for relevant documents or disclosure from the Home Office
• Remedy sought: The outcome the claimant is seeking (e.g., reconsideration, withdrawal of removal directions, release from detention, a fresh decision)
• Proposed reply date: A reasonable deadline for the Home Office to respond, typically 14 days (or shorter if removal is imminent)

The language of the pre action protocol UK letter should be measured and evidence-based. Avoid emotional appeals or irrelevant material. The court will consider whether the letter provided sufficient information for the Home Office to understand the case and respond appropriately.

Requests for Information and Documents at the Pre Action Protocol UK Stage

One of the key functions of the pre action protocol UK is to enable claimants to obtain essential information and relevant documents before issuing a judicial review claim. This can be critical for assessing the merits of the case and identifying errors in the Home Office’s decision-making process.

Requests for disclosure must be proportionate. You should only ask for documents that are genuinely needed to assess whether the decision was lawful and whether grounds for challenge exist. Fishing expeditions or broad requests are unlikely to be complied with and may undermine your credibility.

In immigration cases, commonly requested documents include:

• Contemporaneous notes on credibility findings or interview assessments
• Rule 35 reports and detention reviews in cases involving unlawful detention
• Evidence or policy guidance relied upon in refusing a human rights claim
• Internal Home Office correspondence or case notes relating to the decision
• Minutes of meetings or records of decisions made by caseworkers

The Home Office is expected to provide evidence or explain clearly why disclosure is refused. Courts can criticise failures to disclose at the pre action protocol UK, and such failures may be considered relevant when assessing costs or the strength of the claimant’s case at the permission stage.

The Role of Interested Parties in Immigration Judicial Review

In immigration judicial review, interested parties are individuals or organizations who may be directly affected by the outcome of the proceedings. Under the civil procedure rules, it is essential that all interested parties are identified at the pre action protocol UK stage. This ensures that the court proceedings are fair and that everyone with a legitimate stake in the dispute is given an opportunity to participate.

When a claimant sends a letter before claim as part of the protocol for judicial review, a copy must also be provided to any interested parties. This could include family members, employers, sponsors, or even a local authority, depending on the nature of the immigration decision being challenged. By involving interested parties early in the process, the action protocol for judicial review helps to clarify the issues in dispute and allows other parties to provide evidence or make representations that may be relevant to the claim.

During court proceedings, interested parties may be invited to submit further information, provide evidence, or even attend hearings if their input is considered necessary by the court. Their involvement helps ensure that the judicial review process is comprehensive and that the court can make a fully informed decision. Proper identification and notification of interested parties is not only a requirement of the civil procedure rules but also good practice, as it supports the efficient and fair management of the claim.

By following the pre action protocol UK and ensuring all interested parties are included, claimants and their legal representatives demonstrate respect for the court’s procedures and help to avoid unnecessary delays or challenges later in the proceedings.

Alternative Dispute Resolution and Early Resolution Options

The pre action protocol UK expects parties to consider alternatives to full judicial review proceedings. Parties are encouraged to consider Alternative Dispute Resolution (ADR) methods like mediation or arbitration before filing a court claim. Courts take a dim view of parties who refuse to engage in exploring ADR where it might resolve the dispute, and failure to do so can have cost consequences.

In immigration judicial review, alternative dispute resolution typically takes the following forms:

• Negotiation by correspondence: Further correspondence between the claimant’s legal representative and the Home Office, clarifying issues or providing additional evidence
• Home Office reconsideration: The Home Office agrees to reconsider the decision without formal proceedings, potentially withdrawing or remaking the decision
• Administrative review: For certain points-based system decisions (made after 2015), administrative review may be a mandatory alternative remedy before judicial review can be pursued
• Internal complaints procedures: In some cases, a complaint to the Home Office may prompt a review of the decision
• Other form of ADR: This can include negotiation, mediation, or administrative review as alternative ways to resolve disputes without litigation

Review procedures, such as internal reviews or administrative reviews, are important steps before pursuing judicial review or other legal actions, as they may resolve the dispute without the need for court proceedings.

Common forms of ADR include negotiation, internal complaints, and mediation.

It is important to recognise that judicial review is a remedy of last resort. Courts and the Upper Tribunal expect claimants to show that they have exhausted adequate alternative remedies before seeking court action. In some cases, proceeding directly to judicial review without considering ADR may result in an adverse costs order.

Examples of ADR or alternative remedies in immigration cases:

• Requesting a fresh decision after submitting new evidence
• Making further representations under paragraph 353 of the Immigration Rules
• Pursuing administrative review where available
• Engaging in settlement discussions with the Government Legal Department

Time Limits: How the Pre Action Protocol UK Interacts with Judicial Review Deadlines

One of the most critical aspects of the pre action protocol UK is understanding how it interacts with judicial review time limits. Immigration judicial review claims must be filed “promptly” and, in any event, within three months of the date when grounds for the claim first arose. This is set out in CPR 54.5.

Sending a pre action protocol UK letter does not stop, extend or pause this three-month time limit. You must continue to treat the deadline as fixed, regardless of whether the Home Office has responded. If the Home Office delays its response, you may still need to issue proceedings to protect your position.

For example, if you receive a refusal letter dated 1 June 2026, the latest ordinary deadline for issuing a judicial review claim is around 1 September 2026. However, courts expect claims to be filed “promptly,” and delay beyond the minimum may be criticised or used as a reason to refuse permission.

In fast-moving immigration situations—such as imminent removal directions within days—claimants may need to:

• Shorten the proposed reply date in the letter before claim to a few days
• Prepare a draft claim form and evidence bundle in parallel
• Be ready to issue protective proceedings if no response is received

Courts rarely grant extensions of time in immigration cases. Even if the underlying decision appears clearly unlawful, delay can be fatal to the claim. If you are facing an immigration decision and time is short, seek expert advice immediately from a legal representative experienced in immigration judicial review.

Urgent and Removal Cases: When the Pre Action Protocol UK May Be Modified or Bypassed

There are situations where urgency may justify departing from full compliance with the pre action protocol UK. Courts recognise that in some immigration cases, strict adherence to the protocol is simply not possible.

Scenarios where urgency may apply include:

• Imminent removal from the UK within 24–72 hours
• Ongoing unlawful detention, especially where there are serious medical concerns
• Threats of separation of children from their primary carer
• Cases involving interim accommodation or immediate risk of destitution

Even in urgent cases, best practice is to send at least a short pre action protocol UK letter or urgent email to the Home Office, setting out the challenge and requesting a response or stay of removal. This demonstrates good faith and may assist in obtaining interim relief from the court.

The court will expect a clear explanation of the urgency and any pre action steps taken. If you are facing removal or urgent detention issues, do not rely on generic templates. Seek immediate specialist advice from immigration solicitors, who can act quickly to protect your position.

Home Office Responses Under the Pre Action Protocol UK

The pre action protocol UK expects the defendant—usually the Home Office—to respond within a reasonable period, normally 14 days in non-urgent immigration cases. The quality and timeliness of the response can significantly affect whether proceedings need to be issued.

A proper Home Office response should contain:

• Confirmation of the decision challenged and relevant references
• A clear statement on whether the Home Office concedes the claim in full, concedes in part (e.g., offers to reconsider), or contests the claim
• A summary of reasons for maintaining or defending the decision
• Copies of key documents or policy guidance relied upon, where appropriate
• The Home Office’s position on any interim relief or ADR proposals

The Home Office may send an interim reply asking for more time to provide a substantive response. However, this does not extend the judicial review limitation period, and claimants must remain vigilant about the time limit.

Possible outcomes following a Home Office response:

Outcome	What It Means
Full concession	The Home Office withdraws or remakes the decision; no need for court proceedings
Partial concession	The Home Office offers to reconsider or address specific issues; settlement may be possible
Full defence	The Home Office maintains its position; issuing proceedings may be necessary

A positive response can result in the decision being withdrawn or remade, avoiding the need for formal judicial review and saving both parties significant costs.

The High Court’s Role in the Pre Action Protocol UK Process

The High Court plays a pivotal role in the pre action protocol UK process for judicial review. As the primary forum for many immigration judicial review claims, the High Court is responsible for ensuring that all parties comply with the requirements of the UK pre action protocol before court proceedings are formally commenced.

One of the High Court’s key functions is to oversee pre action conduct and to impose costs sanctions on parties who fail to engage properly with the protocol. If a party does not follow the action protocol—such as by failing to send a compliant letter before claim or by refusing to consider alternative dispute resolution—the court may order that party to pay additional costs, regardless of the outcome of the case. This encourages all parties to act in good faith and to attempt to resolve disputes without unnecessary litigation.

In urgent cases, the High Court can expedite the judicial review process or grant interim relief, such as a temporary stay on removal or an injunction to prevent further action by the Home Office. The court’s case management powers allow it to balance the need for swift action with the requirement for fair and thorough consideration of the issues.

Ultimately, the High Court’s role is to facilitate the efficient and just resolution of disputes, ensuring that the pre action protocol UK is not just a formality but a meaningful step in the judicial review process. By holding parties accountable for their conduct at the pre action stage, the court helps to maintain the integrity of the judicial review system and to protect the interests of all parties involved.

Action Protocol and Civil Procedure in Immigration Judicial Review

The Action Protocol and Civil Procedure Rules (CPR) are the backbone of the immigration judicial review process in the UK. The action protocol sets out the steps that parties must take before commencing court proceedings, including the exchange of information, identification of issues, and consideration of alternative dispute resolution. The civil procedure rules govern every aspect of judicial review, from filing the claim and serving court documents to the conduct of hearings and the management of evidence.

Together, the action protocol and CPR ensure that pre action conduct is consistent, transparent, and fair. They require parties to act reasonably, to provide sufficient information to the other side, and to attempt to resolve disputes without resorting to litigation wherever possible. If a party fails to comply with the action protocol or the civil procedure rules, the court may impose costs sanctions, which can have significant financial consequences.

The court also uses the action protocol and CPR as a framework for case management, making decisions about how proceedings should be conducted and what steps are necessary to ensure a fair hearing. By following these rules, parties help to avoid unnecessary delays, reduce costs, and support the efficient administration of justice.

After the Pre Action Protocol UK Stage: Issuing an Immigration Judicial Review

If the Home Office does not respond, refuses to change its position, or issues an inadequate response under the pre action protocol UK, you may need to proceed with issuing judicial review proceedings. At this stage, commencing proceedings refers to the formal initiation of court action following the UK pre action protocol stage. The next steps typically include:

• Preparing a claim form: Complete Form N461 for the High Court or the equivalent Upper Tribunal form for immigration judicial reviews in the asylum chamber
• Drafting detailed grounds of claim: Set out the legal basis for the challenge, supported by evidence and legal authorities
• Compiling an evidence bundle: Include the pre action protocol UK correspondence, the decision under challenge, witness statements, and any relevant documents
• Filing with the correct fee or legal aid certificate: Submit the claim to the Administrative Court or Upper Tribunal Immigration and Asylum Chamber within the time limit

In some cases, parties may make a joint application to the court to stay proceedings or seek directions to facilitate settlement discussions.

The court or tribunal will first consider permission on the papers. Strong pre action protocol UK correspondence can assist in showing an arguable case and demonstrating that you have followed pre action conduct requirements.

Judicial review can be complex, expensive and time-consuming. Early resolution at the protocol stage is usually in the client’s best interests, both financially and emotionally. If you have received an unsatisfactory response from the Home Office, speak to a legal representative before issuing proceedings to ensure your claim is as strong as possible.

How Axis Solicitors Can Help with the Pre-Action Protocol UK

Axis Solicitors is a specialist UK law firm with extensive experience in immigration, asylum, human rights and nationality matters. Our team regularly assists clients at the pre-action protocol UK stage and, where necessary, through to full judicial review proceedings before the High Court and Upper Tribunal.

We offer in-person consultations in Manchester, London and Birmingham, as well as remote support by telephone and video call for clients across the UK. Our approach is tailored to your individual circumstances, and we are committed to providing clear, compassionate advice at every stage.

Request a free initial assessment with Axis Solicitors to discuss a potential pre action protocol UK letter or immigration judicial review challenge.