If you have been denied a UK visa, an Administrative Review is a way to challenge the decision of the Home Office. Your application will be reviewed by a Home Office official. However, you must be aware that you cannot submit any new evidence in order to challenge the decision or rectify the shortcomings at the time of the initial application.
What kind of visa applications have the option of administrative review?
- in country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant
- in country Tiers 1, 2 or 5 applications made on or after 2 March 2015 by either a main applicant or dependant, including indefinite leave to remain applications under those routes
- in country applications where the decision was made on or after 6 April, unless the applicant applied as a visitor or made a protection or human rights claim
You can ask for your application to be reviewed if one of the following apply:
- your application was refused
- your application was granted but you’re unhappy with the amount or conditions of your leave
If you’re outside the UK, you can only ask for an administrative review if all of the following apply:
- you’re outside the UK
- you applied outside the UK
- your application was refused on or after 6 April 2015
- you do not have a right of appeal against the refusal
- you did not make an application as a visitor or a short term student
How to apply for administrative review?
If your application was refused, you must apply for an administrative review within 14 days of getting the decision if you’re in the UK, within 28 days if you’re outside the UK.
Your refusal letter will tell you how to apply. You may be able to apply online. It costs £80.
You must apply within 7 days if you’ve been detained.
If your application was granted but you’re unhappy with the amount or conditions of your leave, you must email the Home Office within 14 days of getting your biometric residence permit.
Important things to remember…
The decision will be checked for the errors you point out.
Do not send the Home Office new information or documents for review unless you’ve been asked to.
You’ll usually receive the result of the administrative review within 28 days. You cannot request a second review (unless the result included new reasons why you were refused).
If your visa’s expired, you will not usually be removed from the UK until your review has been completed.
Your request will be withdrawn if you…
- make any other immigration or visa application
- ask for your passport back so you can travel
- leave the UK
Other things to think about…
More often than not, applicants will not be removed from the UK until their review has been completed.
However, if they ask for a review but the Home Office position is that its outcome would not make a difference to the decision to remove/deport them, a review will not prevent removal taking place.
This includes if they are facing automatic deportation or their case is a national security case.
Potential outcomes of Administrative Review:
If an Administrative Review is successful, the initial decision may be withdrawn. If it is not successful, the initial decision may remain as it was, with the reasons for the decision either being the same as before, altered, or added to.
What if you don’t agree with the decision?
You can seek a judicial review if you’re not satisfied with your administrative review result. We will discuss more about it in our future articles.
More information relating to appeals can also be found here: Home Office can make serious errors, but how can we deal with them?
Please do not hesitate to get in contact with us on 020 7928 0276 or email in to firstname.lastname@example.org if you have any legal enquiries at all.
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