Appeals
The Eighth Amendment to the U.S. Constitution explicitly prohibits “excessive bail.” The term “excessive bail” is not defined in the Constitution and the Supreme Court has weighed in on what it means, holding that bail cannot be set so high as to be a ploy to force a defendant to remain in jail. But, Court has also ruled that the Eighth Amendment’s bar on excessive bail does not create a right to any bail—a court may refuse to release a defendant at all under certain circumstances. In conjunction with his vast know-how, our company leverages the robust legal expertise of working in different courts.
You should send a pre-action protocol (PAP) letter to Home Office UKVI before filing an immigration Judicial Review (JR) in Court and ask the Home Office UKVI to reconsider its refusal decision within 14 days.
WHAT IS A PRE-ACTION PROTOCOL (PAP)
A pre-action protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute concerning an immigration matter before Judicial Review (JR) proceedings are started against the Home Office UKVI. A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’. All of these terms refer to the same thing.
PURPOSE OF PRE-ACTION PROTOCOL (PAP)
The purpose of pre-action protocol (PAP) letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter contains the date and details of the immigration decision (the refusal letter), act or omission of the Home Office UKVI being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It also contains the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant.
RESPONSE TO PRE-ACTION PROTOCOL (PAP)
Immigration Judicial Review (JR) proceedings against the UKVI are not normally issued until the proposed reply date given in the letter before claim has passed, unless the circumstances of the immigration case require more immediate action to be taken. Home Office UKVI, should normally respond to letter before action (pre-action protocol letter) within 14 days and Home Office UKVI may face cost implications for failure to respond to pre-action protocol (PAP) letter unless there are good reasons for not responding within that period.
An application for permission to apply for Judicial Review can be filed in the Upper Tribunal or Administrative Court (High Court), as the case may be, if the Home Office, UKVI do not respond to the pre-action protocol letter within 14 days or the Home Office UKVI responds within 14 days but maintains their decision to refuse the immigration application.
The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.