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ARTICLE · 23 OCTOBER 2025

The Pre-Action Protocol In Immigration Judicial Review

Richmond Chambers Immigration Barristers
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If the decision is maintained, or no response is received within the specified timeframe, you can then submit an application for permission to apply for judicial review.

United KingdomImmigration

1.Pre-Action Protocol as the First Step in Challenging Home Office Decisions

Challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities. At the heart of this process lies the Pre-Action Protocol, a set of guidelines designed to ensure fair and transparent proceedings before resorting to judicial review.

In this article, we explore the Pre-Action Protocol and its important role in challenging immigration law decisions, as the first step of potentially a long process.

2.Pre-Action Protocol Requirements Under the Civil Procedure Rules

The Civil Procedure Rules ("CPR") set out the Pre-Action Protocol. This is the code of good practice which should be followed by parties prior to seeking a judicial review of a decision. Therefore, if you seek to challenge a Home Office or other public body's decision by way of judicial review it will first be necessary for you, and any legal representative, to consider this Protocol.

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