Before starting judicial review you must normally send the Home Office a letter before claim under the pre-action protocol. It sets out the decision challenged, why it is unlawful and what you want done. Many immigration judicial reviews are settled at this stage, because the Home Office reconsiders rather than defend a weak decision.

What the letter contains

The decision or failure challenged, with the date and reference.
A summary of the facts and the relevant history.
The legal grounds: for example that the decision misapplied the Rules, ignored evidence, gave no adequate reasons, breached policy or was procedurally unfair.
The remedy sought: withdrawal of the decision, a fresh decision within a set time, release from detention, or the grant of a right of appeal.
Any interim action needed, such as deferral of removal.
A request for documents the Home Office holds.

Timing

The Home Office has 14 days to respond. The period can be shortened where the matter is urgent, for example removal directions; in a true emergency the letter is sent and the claim issued the same day. The three-month time limit for judicial review keeps running during the pre-action stage, so the letter must go early.

Why it matters

A judge will look at whether the pre-action protocol was followed when deciding permission and costs. A clear letter that gives the Home Office a proper chance to put things right strengthens the claim and protects you on costs if it goes ahead.

What we do

We draft the letter to the standard the Upper Tribunal expects, with the evidence attached, and we chase the response. If the Home Office concedes, we make sure the new decision is actually made; if it does not, we issue the claim. See the judicial review process and costs and legal aid.