Administrative review is now the way to challenge a decision made by the Home Office (also known as UK Visas and Immigration) for immigration based applications however not all applications attract the right to do an administrative review. The Immigration Act 2014 have now removed the right to appeal to the First Tier Tribunal. You can only challenge the decision by completing an administrative form, provide detailed legal grounds and providing evidence of what you would like the Home Office to reconsider. In most cases, this review is conducted by another caseworker, who will consider your matter.
There are time limits placed on when the Administrative Review must be completed by. If you think that the Home Office has made an error in refusing your visa application, you must complete and submit your request for the reconsideration of the decision.
You must ask for a UK visa administrative review no more than 14 days from the UK or 28 days after the date when you receive the refusal notice if the decision was made outside the UK. When the Home Office sends you the refusal notice, they will also send you:
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an administrative review request notice;
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administrative review request notice guidance notes.
Do not send your UK administrative review to any Immigration Tribunals in the UK as they are not dealt with by HM Courts and Tribunal Service. This may cause a significant delay in processing your administrative review.
You must not send any additional documents such as your passport, travel document or supporting documents. If the Home Office overturns their refusal decision, they will ask you to send in your passport or travel document.
The UKVI administrative review will be completed within 28 days. You will be notified of the result in writing. To ensure that the review is independent, the review result may not be sent from the post that made the original decision.
You may request only one administrative review per refusal decision. If you make any further requests for the same refusal decision, the UKBA will not accept them and will return them to you.
If you are outside of the UK, how does the administrative review process works
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You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.
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You can only ask for a Home Office administrative review if your application was refused on or after 6 April 2015, and it was in an eligible category.
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You must apply for an administrative review within 28 days of getting the decision.
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You must: fill in the administrative review application form sent with your application refusal letter - enter the reasons for refusal that are on your refusal letter, and say why you think a mistake was made. Post the completed form to the address on the application refusal letter or take it to the address in person.
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Remember, that it is important to get specialist legal help and ICS Legal are able to advise and support you on challenging their decision. We will also advise on the further remedy of how the decision can be challenged. Email us on info@icslegal.com.
You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result of the first review found new reasons why you were refused).
Withdrawing your administrative review application
Your request for an administrative review will be withdrawn on a number of circumstances, so you must seek legal advice before embarking on a administrative review application.
If you are in the UK, what is the process of challenging the decision and what happens next?
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’. You can ask for your application to be reviewed if one of the following apply: your application was refused or your application was granted but you’re unhappy with the amount or conditions of your leave. You may be able to appeal if you’re not eligible for an administrative review.
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.
Get a decision
The decision will be checked for the errors you point out. You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons why you were refused). If your visa’s expired, you won’t usually be removed from the UK until your review has been completed.
If your visa was canceled at the border
You’ll be told in your decision letter if you can ask for the decision to cancel your visa to be reviewed. This is known as an ‘administrative review’. You can ask for the decision to be reviewed if your visa was canceled for one or more of the following reasons:
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there has been a change in your circumstances;
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you gave false information;
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you failed to include relevant facts;
Apply for administrative review. Your letter will tell you how to apply. It costs £80.
If you were given temporary admission to the UK. You must apply for an administrative review within 14 days of your visa being canceled or 7 days if you are detained. You need to do this from the UK.
If your visa was cancelled at Border Controls outside the UK
You must apply for an administrative review within 28 days of your visa being canceled in any of the following cities:
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Paris.
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Brussels.
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Dunkirk.
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Coquelles.
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Calais.
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Lille.
The decision will be checked for the errors you point out. You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons for the cancellation of your leave). If you’re in the UK, you won’t usually be removed until your review has been completed.
Dependants of migrants under the points-based system
If the UKBA rejects your partner or child’s application for a visa as the dependent of a points-based system migrant, they cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and your dependent did not apply under the points-based system.
Your dependent will instead have a limited or full right of appeal.
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