Pre-Action Protocol for Judicial Review

Letter before Claim for Asylum, Nationality and Immigration cases

This proforma will not be appropriate in urgent cases, for example, when a
person is about to be removed from the UK (Para 6 Pre-Action Protocol for
Judicial Review). This form is also not appropriate for use as a letter before
claim in Private Law Claims.

Please see link below to the Pre-Action Protocol for Judicial Review

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv

To
Home Office

From
Authorised Legal Representative1 / Claimant in Person (delete as appropriate)

Claimant/Sponsor Information (Sponsor relates to, e.g. employers or

education providers)

Full name of the Claimant/Sponsor(s)

XXXXXXXXXX
Date of birth of the Claimant(s)
XX-XXX-XXXX
Nationality of the Claimant(s)
PAKISTAN
Address of the Claimant/Sponsor(s)
HOUSE NO XXXXXXXXXX XXXXXXXXXX
Post Code of the Claimant/Sponsor(s)
XXXXX

If applicable:
Full name of Claimant’s spouse/partner
N/A

1
This must be a person who is not prohibited from acting as a representative by Section 84 of the
Immigration and Asylum Act 1999.
Date of birth
N/A
Nationality
N/A
Address (if different to Claimant)
N/A
Post Code
N/A

If applicable:
Full name(s) of Claimant’s child(ren)
N/A
Date of birth(s)
N/A
Nationality
N/A
Address (if different to Claimant)
N/A
Post Code
N/A

Authorised Representative (if any)

Please complete the relevant box below, depending on your authority to act in
immigration matters.

Legal representative (authorised to provide immigration advice or

services by a designated professional body/designated qualifying
regulator under s84 of the 1999 Act, or equivalent in an EEA state)

Name
SELF
Address
HOUSE NO XXXXXXXXXX XXXXXXXXXX
Your reference number for the Claimant
N/A

Other representative (person registered by the Immigration Services

Commissioner, other person authorised to provide immigration advice
or services under s84 of the 1999 Act, or equivalent in an EEA state)

Name
SELF
Address
HOUSE NO XXXXXXXXXX XXXXXXXXXX
Your reference number for the Claimant
N/A

Details of your qualification to provide immigration advice services or

details of exemption under the terms of the 1999 Act

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OISC Regulated Yes No Number

Other N/A

Signed letter of authority attached (if not provided previously in relation

to the Claimant)
Given our duty of confidentiality we are unable to enter into any correspondence on this
matter unless you provide a signed letter of authority from the Claimant, unless previously
provided. If sending by email, please attach a scanned copy.

Reference numbers

Any previous judicial review reference numbers

If known:
The Home Office or Port reference No.
The Visa Application Form reference No. GWFXXXXXXX
The Immigration Asylum Chamber reference No.
The Asylum Support reference No.
The Sponsor licence / Application reference No.
Any other Home Office reference No.

Type of Claim
Type of claim made by the Claimant (please tick the most relevant) –

Asylum
Home Office Travel Document
Permanent Migration
Temporary Migration (Family / Article 8)
Temporary Migration (Points Based System)
EEA (European Economic Area)
ECAA (European Community Association Agreement with Turkey)
Deportation
Entry Clearance
Enforcement
Detention
Older Live Cases Unit (Commonly known as “legacy”)
Sponsorship Cases
Nationality
Section 95 (Asylum Support)
Section 4 (Asylum support/Accommodation)
Refusal of Leave to Enter at Port
Other
Please specify: UK Standard Visa

Substance of claim

Date of action/decision being challenged or if challenging failure to make a decision, date of

application or further submission outstanding:

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Is this Pre-Action Protocol proforma being submitted within 3 months of date of
action/decision complained of, if any: YES NO

The details of the matter being challenged

Set out clearly the matter being challenged, particularly if there has been more than one
decision.
Visa Officer Has Rejected My UK Tourist Visa Application on the Following Reasons:

1:- Visa Officer is Not Satisfied with the Transactions of Provided Bank Statement
2:- Visa Officer is Not Satisfied with the Cost of Tour Plan To UK
3:- Visa Officer Has an Objection on Previous Travel History
4:- Visa Officer Has an Objection on Hotel Reservation Cancellation

Here is the Complete Detail of Objections:

A:- Whilst I acknowledge that you are in receipt of income from your employment, family and
from investments, I note from each of your two personal bank statements debits which
are not in line with your stated spending. For example, from your UBL account, total
debits in the 6-month period covered by the statement (13/03/2024 to 12/09/2024) were
over 2 million PKR (£5,493). This indicates that your actual spending is significantly
higher than your stated spending. You have stated that you have three dependents, and
although I acknowledge that you have sufficient funds in your account to cover the costs
of your trip, I am not satisfied that your proposed costs are in line with your stated
income and current finances. Given the above, I am not satisfied that you have
presented an accurate account of your financial circumstances, and this undermines the
credibility of your application.

B:- You have stated that you intend to visit the UK for tourism. I also note that you have
demonstrated regional travel only, within the past 10 years. Given that you have stated
on your application form that you have not travelled to any other country within the last
10 years, I do not find it credible that given your level of income you have not travelled.
Moreover, you have provided in your application a booking confirmation document for
accommodation from 21/10/2024 and 30/10/2024 (which covers the entire duration of
your trip). However, checks conducted by this office confirm that your booking has been
cancelled. This discrepancy undermines the credibility of your application. Taking the
above into consideration, I am not satisfied that your circumstances surrounding your trip
are as stated and am therefore not satisfied that your intentions to visit the UK are
genuine.

C:- In assessing your entry clearance application, I have considered all of the documents
and information provided against the requirements of Appendix V, and have also taken
into account the published Visit guidance. The guidance indicates a number of factors
which can help assess if an applicant is a genuine visitor, including but not limited to the
following:
• their financial circumstances as well as their family, social and economic background
• their personal and economic ties to their country of residence

D:- The concerns noted in the paragraphs above mean that I am not satisfied that you
have accurately declared your personal and financial circumstances, which in turn
means I am not satisfied on the balance of probabilities that you are a genuine visitor.
While I note the information you have provided regarding your family, assets in your
home country and your previous travel history, I am not satisfied that these other
factors outweigh the concerns noted above. Therefore, I am not satisfied that you are
genuinely seeking entry as a visitor and that you will leave the UK at the end of your
visit. Your application is therefore refused under paragraphs V4.2 (a) and (c) of the
Immigration Rules.

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The issue
Set out a brief summary of the facts and relevant legal principles, the date and details of the
decision, or act or omission being challenged, and why it is contended to be wrong.
Dear Reviewing Officer,

I am going to write with reference of VAF No: "UKVI XX / XXXXXXX", and GWF NO:
"GWFXXXXXXXX", to the refusal of my visit visa application. I am writing in accordance
with the PAP Pre-Action Protocol before a Judicial Review application in respect of your
decision Dated 16-Oct-2024 for my refusal.

Explanation / Justification

1:- Visa Officer is Not Satisfied with the Transactions of Provided Bank Statement

Please let me explain in detail, all the transactions are based on Credit & Debit. The credit
transactions are shown the income value while the debit are shown the withdraw amount for
fulfilling the expenses and other needs, Well i will explain in the detail of transactions to clarify
the purpose of transactions to the visa officer.

As, I have attached my two bank accounts statements. One is of UBL United Bank Limited
bank account statement, which one i am using for receiving of my salary and other income on
the basis of per month. The other one is of Bank Alfalah Limited bank account statement,
which one is my saving bank account and i am receiving profits on my savings on monthly
basis as well.

Its is my kind request to the Visa Officer that please try to note my all sources of income. So,
it will help out to understand about the Credit side of transactions.
I have a multiple sources of income and these are:
----------------------------------------------------------------!
*:- Per Month Salary: PKR 1,40,000/- (£382/-)
*:- Per Month Rental Income: PKR 57,000/- (£155/-)
*:- Per Month Income From Wife: PKR 35,000/- (£95/-)
*:- Per Month Income From Brother: PKR 1,50,000/- (£410/-)
*:- Per Month Average Profit From Savings: PKR 75,000/- (£205/-)
----------------------------------------------------------------!
*:- Total Income: PKR 4,57,000/- (£1247/-)
*:- Less Per Month Expenses: PKR 1,00,000/- (£275/-)
*:- Per Month Net Saving: PKR 3,57,000/- (£972/-)
----------------------------------------------------------------!
*:- Annual Net Saving: PKR 42,84,000/- (£11664/-)
----------------------------------------------------------------!
*:- Closing Balance of UBL Bank Account:: PKR 5,23,691/- (£1,430/-)
*:- Closing Balance of Bank Alfalah Account: PKR 51,01,292/- (£13,940/-)
*:- Net Closing Balance in Bank Accounts PKR 56,24,983/- (£15,368/-)
----------------------------------------------------------------!

Everything is covered in my Visa Cover Letter also,I have attached the proof of my income.
Here you can find the details of maximum credit amount of transactions with complete detail.
----------------------------------------------------------------!

Income receiving from my wife:

My wife is a working women and she is doing a job and receiving handsome salary every
month. She is very kind and caring and just for to meet the financial expenses she is transfer
the average amount of PKR 35,000/- every month into my UBL Bank Account.
I am going to write down the dates of the transaction of credit amount that i received from my
wife.

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*:- 31-Mar-2024 / PKR 35,000/-
*:- 31-Mar-2024 / PKR 5,000/-
*:- 13-Apr-2024 / PKR 30,000/-
*:- 01-May-2024 / PKR 35,000/-
*:- 26-May-2024 / PKR 17,000/-
*:- 01-Jun-2024 / PKR 35,000/-
*:- 15-Jun-2024 / PKR 13,000/-
*:- 18-Jun-2024 / PKR 5,000/-
*:- 02-Jul-2024 / PKR 35,000/-
*:- 12-Jul-2024 / PKR 5,000/-
*:- 01-Aug-2024 / PKR 35,000/-
*:- 01-Sep-2024 / PKR 35,000/-
*:- Total Amount is PKR 2,85,000/- (£778/-)
----------------------------------------------------------!

Rental Income:
I have a property which is rent out and i am receiving the rental income as well, and for this
purpose i am using the same account of UBL united bank limited. The amount of rental
income is PKR 57,000/-.
*:- 08-Jul-2024 / PKR 1,27,000/-
(Includes Rent Amount of PKR 57,000 + Refundable Security Deposit of PKR 70,000/-)
*:- 13-Aug-2024 / PKR 57,000/-
*:- 10-Sep-2024 / PKR 57,000/-
Total Rental Income (Exclude the Security Deposit) PKR 1,71,000/- (£467/-)
----------------------------------------------------------!

Remittance amount received from my brother Profit(lives in US) as a supportive extra income:
*:- 03-Apr-2024 / PKR 1,94,751/-
*:- 08-Aug-2024 / PKR 1,50,000/-
*:- 05-Sep-2024 / PKR 1,50,000/-
Total Amount is PKR 4,94,751/- (£1351/-)
----------------------------------------------------------!

Profit received from Bank Alfalah Account. I have an other account of Bank Alfalah
Account and on monthly basis i am receiving the profit amount in this account.
Breakdown profit transferred to Bank Alfalah:
*:- 30-Mar-2024 / PKR 65,229/-
*:- 30-Apr-2024 / PKR 63,672/-
*:- 31-May-2024 / PKR 68,555/-
*:- 29-Jun-2024 / PKR 89,186/-
*:- 31-Jul-2024 / PKR 86,077/-
*:- 31-Aug-2024 / PKR 77,749/-
Amount received into my UBL United Bank Account from Bank Alfalah saving account
*:- 04-Aug-2024 / PKR 70,000/-
*:- 04-Aug-2024 / PKR 3,00,000/-
Total Amount is PKR 3,70,000/- (£1011/-)
--------------------------------------------------------!

At the time of visa application process, i clearly explain my monthly income from my salary
and other sources as well. Now, I hope that every thing is clear about the credit transactions. I
try my best to explain all the major transactions explanations with complete detail.

Now, please let me explain about the detail of debit transactions. At the time of visa
application process i just mention my monthly expenses of PKR 1,00,000/- (£275/-). The visa
officer has an objection on the debit amount of transactions in a particular period. Please let
me clear that the amount of expense which i mention is only about the regular house hold
grocery expenses. It does not include the other uncountable expenses because it is
impossible to calculate the exact amount of monthly expenses.
Well i am going to write down some of the heads of variables amount of expenses, it is not
exactly clear in amount, what it should be, like:

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*:- Monthly utility expenses
*:- Children educational fee
*:- Sometime relatives can borrow loan with a promise to return in short time
*:- Marriages and other occasion have to attend and pay the amount in means of gift
*:- House renovation expenses
*:- Maintenance Expenses
*:- Car petrol and maintenance expenses

So, you can see that are a lot of uncountable expenses which is almost impossible to
calculate in advance. Also, I have attached the six months of statements so there is a big
possibility to pay for major unpredictable expenses and much more.

There are some extra debit transactions in the bank account but some of are the payments on
behalf of my wife. As, I have described that my wife is a working women and doing a job at
good position. She asked me the amount of loan in the form of paying her bills that are why
some of the transactions are of the payment of bills. The amount which I paid for my wife will
be return within one year period of time. So, I have recorded as sundry debtors in my record
as well. It is not possible for me to open a separate bank account and to perform such kind of
transactions, that’s why I use my current account to perform every transaction. Sometime my
brother and other family friend can also take a loan for a short period and can return in time.
These are all normal transactions, here you can find the details of all the transactions for the
bills I paid for my wife and it is my receivable amount also it is my asset as well. So, it will not
be consider as expenses while it is my asset because, I have to get back this amount of loan
into my bank account within a year.

*:- 01-Apr-2024 PKR 1,25,000/-

*:- 03-Apr-2024 PKR 20,000/-
*:- 02-May-2024 PKR 1,35,000/-
*:- 01-Jun-2024 PKR 95,000/-
*:- 02-Jul-2024 PKR 1,15,000/-
*:- 01-Aug-2024 PKR 92,000/-
*:- 02-Sep-2024 PKR 1,28,000/-
A/R Account Receivable
Total Amount of PKR 7,10,000/- (£1940/-)

Some of others are my internal bank transfer from my UBL bank account to my own saving
account of bank Alfalah. As, both are my own personal accounts, so the transactions are just
considered as a local transfer rather than to consider as expenses. Here you can find the date
of my local transfers:
*:- 04-Apr-2024 PKR 1,50,000/-
*:- 26-May-2024 PKR 20,000/-
*:- 01-Jun-2024 PKR 2,75,000/-
*:- 09-Jul-2024 PKR 60,000/-
*:- 03-Aug-2024 PKR 60,000/-
*:- 23-Aug-2024 PKR 30,000/-
Amount of Local Transfer from My UBL bank account to my Alfalah bank account
Total Amount PKR 5,95,000/- (£1625/-)

Now I think everything is clear about all the transactions. Please have a kind look and check
in detail of my visa application request letter and grant my Standard visitor visa.
---------------------------------------------------------!

2:- Visa Officer is Not Satisfied with the Cost of Tour Plan to UK
Respected visa officer, i have already explain about my monthly income and my net savings. I
have an enough amount of savings to fulfill the cost of my complete tour, including the cost of
airline ticket, hotel accommodation, transportation, food and tours.

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As, I mention that i will spend upto £3000/- on my trip. Its means it includes everything and all
possible cost of my tour plan. In my bank account i have my net savings which is almost
£15000/-. So, in the mean while you can see that i can easily managed the tour cost and my
family in a same time. I know the cost is too much, but it can be easily manage if someone
has good savings and I have enough amount of my savings to fulfill the entire cost. We all are
living in the age of inflation. The rate and prices of all products are very much high but it can
be managed with your savings only. So, please have a kind look into this matter. Even my
sister is living there in UK, but i prefer to stay in hotel rather to stay at my sister's home, So
definitely i will book hotel accommodation for me and will stay there. I will visit the UK for
tourism purpose only, also i have a meet up plan to visit my sister for a short period as well. I
think this explanation is fine for visa officer.
--------------------------------------------------------!

3:- Visa Officer Has an Objection on Previous Travel History

I have a good travel history, i am aware of the immigration rules and regulations. I am a job
person, every time it is not possible for me to travel for a long period and stay in any country
for a long period of time. Because i have to come back in time and have to join my duty again.
Please note my previous travel history and count it as a positive step to grant my visa
application. I am not a fresh applicant to travel abroad, already i have an experience of
immigration laws and cultures of different countries. Travel history makes a man confident to
face the challenges of worldwide travel and for an educated person it become an easy task to
go through the immigration process. Definitely it is a senseless idea for a person to travel UK
on a fresh passport for tourism point of view, eventually it will be better for him to travel some
of neighbourhood countries. From this point of view, i have a well travel history for many of
countries. Currently, I am associated with Federal Government of Pakistan and working at
Islamabad Model College for Boys F-10/4 since 27th November 2006 till to date & holding
designation as an Assistant Professor ( BS-18) and teaching language to students of Ist &
2nd year ( Intermediate level )( Letter from Employer & Salary Slips are attached). Right now i
have a time, savings, tour plan and a reason to travel to UK. That's why i have planned to visit
UK for tourism purpose and to meet up with sister as well.
Please have a kind look of my previous travel history:

*:- Azerbaijan 07-07-2023 / 10-07-2023

*:- Saudi Arabia 05-09-2022 / 15-09-2022
*:- Malaysia 07-07-2018 / 09-07-2018
*:- Thailand 09-07-2018 / 13-07-2018
*:- Turkey 05-08-2014 / 09-08-2014
*:- UAE 05-07-2012 / 14-07-2012
-------------------------------------------------------!

4:- Visa Officer Has An Objection on Hotel Reservation Cancellation

Respected visa officer, i have applied for UK Standard visitor visa and i know about its validity
is up to 6 months with multiple entry. The hotel accommodation is automatically cancelled by
the host management if someone does not show up at the property. Definitely, I will purchase
a confirm return ticket as per my travel plan and will book a confirm hotel accommodation as
well. Even my sister lives in UK, but i have a plan to stay in hotel rather to stay at my sister
home. I have a budget and net savings, i can manage my all expenses in a proper way. So
please don't worry about the hotel accommodation reservation. I just have a short trip plan to
UK then i will back to my home town. The cost of airline ticket and hotel accommodation
change time to time and i will book both of them as per my feasibility of tour plan. I hope now,
this point will clear your doubt.

I try my best to answer all objections. It is my kind request to visa officer that please
reconsider my visa application and grant my visa. If there is a need of any additional
document then please let me know, I will provide you in a time.
Regards,
XXXXXXXXXX

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The details of the action that you want the Home Office to take
Set out the details of the remedy sought, including whether a review or any interim remedy
are being requested.
It is My Request that Please Re-Check My UK Standard Visa Application
in Detail and Consider the Above Answers of Justifications in Means of
Clearification From My Side

The details of any interested parties

Set out the details of any interested parties and confirm that they have been sent a copy of
this letter.
N/A

The details of any information sought

Set out the details of any information that is sought which is related to identifiable issues in
dispute so as to enable the parties to resolve or reduce those issues. This may include a
request for a fuller explanation of the reasons for the decision that is being challenged.
For Your Kind Concern, I Have Provided All the Information in Detail and Has Attached the
Required Documents With PAP (Pre Action Protocol). I Hope that Home Office Will Consider
and Will Re-Check My Visa Application in a Kind Way and Will Approve My Visa Application,
Finally to Grant the UK Standard Visit Visa

Alternative Dispute Resolution proposals (ADR)

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Set out any proposals the Claimant is making to resolve or narrow the dispute by ADR.
If Still My Visa Application Has Been Refused by the Visa Officer After Reviewing, Then It is
My Request that Please Explain the Reason of Again Refusal of My Application in Detail So
that, I Can Understand it Easily. It Will Help Me Out When, I Will Apply in Future So at that
Time, I Will Take Care About Those Points While Process the New Visa Application.

The details of any documents that are considered relevant and

necessary
Set out the details of any documentation or policy in respect of which the disclosure is sought
and explain why these are relevant.
I Have Attached the Following Documents With the PAP (Pre Action Protocol) Request Letter

01:- Passport
02:- Visa Application
03:- Refusal Letter
04:- PAP Pre Action Protocol Application
05:- United Bank Limited - Bank Statement of Salary Account
06:- Bank Alfalah Limited - Bank Statement of Saving Account
07:- Source of Income & Proof
08:- Property Documents

The address for reply and service of court documents

Insert the address for the reply
HOUSE NO XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

Proposed reply date

The precise time will depend upon the circumstances of the individual case. However,
although a shorter or longer time may be appropriate in a particular case, 14 days is a
reasonable time to allow in most circumstances.
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Additional documents attached

If applicable – please give details of any additional documents attached and list them below.
I Have Attached the Following Documents With the PAP (Pre Action Protocol) Request Letter

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01:- Passport
02:- Visa Application
03:- Refusal Letter
04:- PAP Pre Action Protocol Application
05:- United Bank Limited - Bank Statement of Salary Account
06:- Bank Alfalah Limited - Bank Statement of Saving Account
07:- Source of Income & Proof
08:- Property Documents

Date 24-Oct-2024

The Court’s Civil Procedure Rules Pre-Action Protocol for Judicial Review sets out the
information required as part of a Letter before Claim. It is not a requirement to provide the
information on this form, although you are encouraged to do so. A person who is unable or
who does not wish to use this form should still provide the information as indicated in the
proforma, so far as relevant, in his or her letter to the Home Office and send it to the email or
postal address specified below. Where the use of the protocol is appropriate, the court will
normally expect all parties to have complied with it and will take into account compliance or
non-compliance when giving directions for case management of proceedings or when making
orders for costs.

The letter before claim should be sent electronically to the following Home
Office email address:

[email protected]

Alternatively, it may be sent by post to the following Home Office postal

address:

Litigation Operations Allocation Hub

6 New Square
Bedfont Lakes
Feltham
Middlesex
TW14 8HA

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