What do you need to know about Administrative Review Applications?
Administrative Review Application
As of October 2014, you will no longer have the right to appeal directly to the Home Office where you may feel that the decision maker has eroded in law or facts where your application is concerned.
The administrative review process is provided for in the Administrative Review Immigration Rules (ARIR) in HC693; rules 34L-34Y which defines the procedures such as time limit, form and fee. Appendix AR explains the scope of the remedy.
Legal guidance at a glance:
- Advise on your Rights
- Assessment of your Claim Free
- Assessment of Good Character
- Prepare documents in support of claim
- Prepare your Naturalisation Application
- Keep you informed of all developments
Immigration Facts Kent
You will know whether your application has been refused in writing by the Home Office. The letter will also indicate clearly in writing whether or not you have been offered the opportunity for the refusal decision to be “administratively reviewed” (AR).
It is important to note that you must be realistic as to how the new rules are likely to be interpreted by the Home Office.
Your application is likely to succeed where unequivocal evidence that was previously supplied on an application by you, can be assessed again.
Features of pro are :
1. Paragraph 34L provides that a written notice of an eligible decision must be given. As with an appealable decision under the Immigration (Notice) regulations 2003, a refusal must be accompanied by a statement of reasons and information about how to appeal for administrative review, including time limit. A refusal that does not do this will be invalid and you/applicant could argue that they should receive a fresh notice of an eligible decision.
2. Only 1 valid application for administrative review may be made in respect of an eligible decision, unless the administrative does not succeed. For different or additional reasons to those specified in the decision under review (34N(2)); in such a case, there may a further application (AR2.2(d)).
3. The application must be made in the relevant location. While the application remains in the United Kingdom in relation to “in-country” refusals, whilst they remain abroad vis-a-vis entry clearance applications, and whilst they remain here if it is a decision made on your arrival. No application may be bought whilst you remain in the col one (of the channel tunnel).
4. Dependants can be included in the AR Application where they were dependants on the application which resulted in the eligible decision (34S).
5. The application must be made in accordance with 34U if made online, or 34V if made by post. The guidance states that Tier 4 applications must be made online.
6. An application will be treated as withdrawn on the Applicant’s notice to such an effect, or if you request the return of your passport for the purpose of travelling outside the United Kingdom (34X).
7. Where you make the application online, the specified fee must be paid. Any section on the online application where requires a mandatory response must be completed or in the related guidance must be submitted the specified manner (34U).
8. The Home Office will give notice of invalidity informing an applicant that their application is invalid.
What is the Government Cost involved in making an application?
The current is £80.00 (Schedule 6 of Immigration and Nationality Cost recovery Fees) (Amendment) Regulations 2014.
Who can apply for Administrative Review?
If you make this application on or after the relevant date expires and you have received an ‘eligible decision’, you may apply for an administrative review. In simple terms, if you have made an application to the Home Office and your application is refused, the Home Office may give you the right to administrative review.
Asking us to represent you at the Home Office to carry out the administrative review process?
We will be looking to see your immigration problem, and whether it raises an eligible decision, in other words, we will be looking to find something in your application which can be subject to an administrative review process.
If in the circumstances we find circumstances where a compliant involves a “case working error” we would consider this to be an effectively a ground of appeal. As we are not licenced to undertake appeal work, we are happy to signpost you to an advisor that is.
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Administrative Review Application FAQS
The Immigration Act 2014: allows you to request the application to the Home Office a review of its decision again. If the Home Office does not change its mind, then the only challenge will be judicial review in the High Court, a costly and time-consuming remedy. Appendix AR to the Immigration Rules sets out which decisions for applications for visas or visa extensions are eligible for administrative review.
AR2.8 Where administrative review is pending (as defined in AR2.9) the Home Office will not seek to remove the applicant from the United Kingdom.
Administrative review is regarded as pending for the purposes of sections 3C(2)(d) and 3D(2)(c) of the Immigration Act 1971.
An administrative review is available to correct case-working errors in certain Tier 4 (student) decisions since 20 October 2014. From 2 March 2015, it has been available for decisions on Points-based System applications where the application (as opposed to the decision) was made on or after that date. From 6 April 2015, administrative review it has been available for all decisions under the Immigration Rules where there is no longer a right of appeal.
There are three categories of applicants who will not be entitled to an administrative review even though they do not have a right of appeal:
1) Visitors and short-term students If you are refused entry clearance as a visitor or a short-term student you will have to make a further application as a visitor, addressing the reasons for refusal, rather than applying for administrative review.
2) Persons given notice of liability for removal If you are liable for removal from the UK you will be given notice that you are expected to depart from the United Kingdom. If you submit further applications for leave to remain at this point, you are not able to have the refusal of those applications administratively reviewed.
3) Persons whose leave is cancelled There is no right of appeal or administrative review against the decision to cancel a person’s leave to remain or enter once they are already in the UK.
Yes, you will be told in your application refusal letter by the Home Office if you can ask for the decision on your visa application to be reviewed. 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 your application was refused, you must apply for an administrative review within 14 days of getting the decision. Your refusal letter will tell you how to apply. 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.
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If your request for administrative review is refused and the refusal is maintained by the Home Office (decision maker), you have the option to challenge the refusal by way of Judicial Review in Upper Tribunal within 10 days from the date of the refusal letter.
We can conduct your Pre-Action Letter prior to Judicial Review only, and will then signpost you to an Expert UK Immigration Litigation Solicitor.