Administrative Review in the UK: Overview and Latest Updates
Administrative Review is a process in the UK immigration system that allows applicants to challenge a refusal decision made by the Home Office on their visa or immigration application. It is a way to correct any casework errors without needing to go through a full appeal or judicial review process.
Key Features of Administrative Review
Eligibility:
- Applicants who have had their visa or immigration application refused can request an administrative review.
- Only certain types of decisions are eligible for administrative review, such as refusals of points-based system visas, Tier 1, Tier 2, Tier 4, and Tier 5 visas.
Grounds for Review:
The review can be requested if the applicant believes that the Home Office made a factual error, misapplied the law, or failed to follow the correct procedures.
Application Process:
- The request for an administrative review must be submitted within 14 days (about 2 weeks) if the applicant is in the UK, or within 28 days (about 4 weeks) if the applicant is outside the UK.
- The request is made using a specific form and must include details of why the decision is believed to be incorrect.
Fees:
- The fee for an administrative review is £80. This fee is refunded if the review is successful.
Decision Process:
- A different caseworker from the one who made the original decision will review the case.
- The decision on the administrative review is usually made within 28 days (about 4 weeks).
Possible Outcomes:
- The original decision is upheld.
- The original decision is withdrawn and corrected.
Further action is required, such as additional checks or requests for information.
Latest Updates from the Home Office (2024)
- Digital Submission:
- Increased use of digital platforms for submitting administrative review requests to streamline the process and reduce processing times.
- Improved Transparency:
- Enhanced transparency in the decision-making process, with more detailed explanations provided for both the initial decision and the review outcome.
- Processing Timeframes:
- Efforts to consistently meet the 28-day decision timeframe to improve efficiency and provide timely outcomes for applicants.
- Guidance and Support:
Updated guidance and support materials are available on the Home Office website to help applicants understand the administrative review process and prepare their requests effectively.
FAQ (Frequently asked questions):
An administrative review is a process to challenge the refusal of a visa or immigration application if the applicant believes there was an error in the decision.
Applicants whose visa or immigration applications have been refused and who believe there was a factual or legal error in the decision can request an administrative review.
Submit the administrative review request form along with the fee and a detailed explanation of why the decision is believed to be incorrect.
The fee is £80, which is refundable if the review is successful.
You must apply within 14 days (about 2 weeks) of receiving the decision if you are in the UK, or within 28 days (about 4 weeks) if you are outside the UK.
The Home Office aims to decide administrative review requests within 28 days (about 4 weeks).
If the review is successful, the original decision will be withdrawn and corrected, potentially resulting in the approval of your visa or immigration application.
No, administrative reviews are based on the evidence and information that was originally submitted with the application.
If the review is unsuccessful, you may still have other options, such as applying for judicial review or submitting a new application.
There is no further appeal against the administrative review decision itself, but other legal avenues may be available depending on your specific case.
The refusal letter from the Home Office will indicate whether you are eligible for an administrative review and provide instructions on how to apply.
The form is available on the UK government website along with detailed guidance on how to complete it.
Clearly state the reasons why you believe the decision was incorrect, referencing specific errors in the application of the law or factual mistakes.
Yes, legal advisors or immigration specialists can assist you in preparing and submitting your administrative review request.
If a procedural error is identified during the review, the decision may be reconsidered and potentially reversed.
For Expert legal advice and assistance, reach out to Imran & Co Solicitors today.
Immigration
Services
Personalized Legal Assistance
Experienced Legal Team
Get Free Advice
02078715365
Book Now
info@imransolicitors.co.uk
