Administrative Review is an internal review of a decision by Home Office caseworkers. The aim is to correct any errors made during the decision-making process.
Administrative review is the legal process which enables an individual to seek a review of ‘an eligible decision’ made either in the UK by the Home Office, on arrival in the UK at a port of entry or overseas by an entry clearance officer to refuse an application or cancel his leave under the immigration rules due to a ‘case working error’ and only from specified dates as referred to below.
It should be noted that the ‘review’ is not undertaken by an independent tribunal, but by a different caseworker who made the initial decision to refuse. The Administrative review process was brought into replace the withdrawal of appeal rights to an independent tribunal.
An individual cannot introduce new evidence when lodging the administrative review which was not put forward with the initial application at this stage, save in very limited circumstances.
Lodging an administrative review in the prescribed way preserves an individual’s stay in the UK, so long as he had lawful permission when making the initial application to the Home Office until there is final decision on the review itself or, the application is withdrawn.
A successful review can lead to:
the original decision being withdrawn
the decision being maintained with the same reasons or
the decision being maintained, but the reasons varied.
Administrative review is a complicated process, but it is important for an individual to consider initiating the process, as a failure to do so will result in him having no legal status and, will potentially negatively impact upon the right to seek judicial review - the only other legal remedy available.
Eligible decision in the UK:
This only applies to decisions made by the Home Office as specified below:
20 October 2014 – Tier 4 migrants and their dependants
2 March 2015 – Tiers 1,2 & 5 migrants and their dependants
6 April 2015 – most other categories under the immigration rules save for visitors or human rights claims.
Eligible decision on arrival in the UK:
This applies to those arriving on or after 6 April 2015 where either there is a ‘change in circumstances’ or, where the visa was granted on the basis of false information or a failure to disclose material facts.
Eligible decisions overseas:
All decisions made on or after 6 April 2015, save for visitors and human rights claims.
What is a ‘case working error?
Case working errors are defined under the immigration rules as decisions made to:
refuse an application under the general grounds of refusal
cancel permission to enter or remain in the UK
decision to refuse a case on grounds of deception, made in error
refuse an application on the basis it was made beyond a time limit, made in error
failure not to request additional information, made in error
failure to apply the immigration rules incorrectly
failure to apply published policy
an error in calculating the period or conditions of leave of specified categories under the immigration rules.
Administrative review application process:
An application for administrative review can either be lodged online at the Home Office website or by completion of a specified form for decisions made within the UK or at the border. For decisions made overseas a paper form must be used.
The time limits for lodging the review are:
14 days – for decisions made in the UK
7 days – for those detained in the UK
28 days – for overseas applicants
14 days – from receipt of the biometric card where permission has been granted within the UK
We also undertake work that is publicly funded by the Legal Aid Agency at all levels for immigration matters that are in scope for Legal Aid assistance, from initial application, through to appeals to the First-tier Tribunal, Upper Tribunal and the Higher Courts and applications for Judicial Review.
If you wish to be considered for legal aid please ask us and we will tell you if it is available based on your circumstances.
If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.
For more information or to book an initial consultation, please contact us.