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Administrative Review Guidance

If your immigration application has been refused you may be able to make an administrative review if you believe that this is due to a case working error.

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What is an administrative review?

An administrative review is a request that someone other than the original decision maker considers your original application. An administrative review can only be made if your immigration application has been refused and you believe that this decision is incorrect due to a case working error and you do not have the right of appeal. You will be notified in your decision letter from the Home Office if you are entitled to an administrative review.

Who can apply for an administrative review?

You can only apply for an administrative review if your decision letter from the Home Office explicitly states so. Furthermore, you must believe that your decision was refused due to a case working error - you cannot just apply for an administrative review because you disagree with the outcome. Examples of ‘case working error’ include:

  • The decision to refuse or cancel entry clearance or leave to enter or remain based on false representations, false documents or information, failure to disclose material factors or previous breach of conditions was incorrect.

  • The decision to refuse an application on the basis that the date of the application was beyond any time limit in the Immigration Rules was incorrect.

  • The decision maker applied the Rules incorrectly.

  • The decision maker didn’t apply the relevant policy or guidance.

  • There’s been an error in calculating the correct period or conditions of immigration leave.


Can anyone apply for an administrative review?

Not anyone can apply for an administrative review because not every immigration application will be eligible to request one. You can only apply for an administrative review if your Home Office decision letter states that you can and if you meet the eligibility requirements.

 

How do I apply for an administrative review?

If you are eligible to request an administrative review then your Home Office decision letter will issue you with instructions on how you can start the process and the time limits within which you must apply.

When applying to request an administrative review, you must refer to the reasons for your refusal and state why you believe that a mistake or error in law has been made. Once you have made your arguments and completed your application, you must send your application by email, post, or in-person (your refusal letter will state which method you must follow).

 

 

Time limits to request an administrative review

The time limit to submit an administrative review application typically ranges from 14 to 28 days from the date of receiving the Home Office decision letter

The exact time limit is dependent on whether you are making an in-country or out-country application.

 

 

How long does an administrative review take?

The Home Office aims to make a decision within 28 days of an administrative review application being submitted.

Enquire now about Administrative Reviews

Whether you believe that you are eligible to make an Administrative Review, or if you would simply like more information, speak to one of our immigration advisors.

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What happens if my administrative review is unsuccessful?

If your administrative review is unsuccessful then there are three outcomes:

  1. Your review is not successful and the initial decision remains with all the original reasons being maintained.

  2. Your review is not successful and the initial decision remains with one or more of the initial reasons for the decision being withdrawn.

  3. The review is not successful and the initial decision still stands but the reason for doing so differs from the initial decision

If your administrative review is unsuccessful and you do not have immigration leave then you must leave the UK.

 

My administrative review was unsuccessful, can I apply for another one?

If your administrative review was unsuccessful, in most circumstances you cannot request a second review. You can only request to have another administrative review if your first one found additional reasons as to why your original immigration application was refused. In some cases a right of appeal may be an alternative remedy where an administrative review has been unsuccessful.

 

 

How much is an administrative review?

It costs £80 to apply for an administrative review. This fee can be refunded if your application is rejected for being invalid or if the outcome of the review is to grant leave.

 

 

Who is exempt from paying the administrative review fee?

Applicants who meet the following criteria are exempt from paying the administrative review fee:

  • They were exempt from paying for the original application, or the original fee was waived.

  • They previously applied for an administrative review for a decision on the same original application and the outcome of that review was that the original decision was maintained but for different reasons to those in the original decision.

  • They are unable to pay the fee due to exceptional circumstances.

 

What counts as an ‘exceptional circumstance’?

The fee can be waived if an individual cannot pay the fee due to exceptional circumstances. If an individual wishes to apply for this waiver then they must state the reasons for their claim on the application form. Applicants for fee waivers based on exceptional circumstances are made on a case by case basis, when making an assessment, the case worker must be satisfied that:

  • The applicant cannot pay the fee and there is no one else who can pay it for them on their behalf (e.g. a relative, friend or sponsor).

  • The applicant is unable to pay the fee due to exceptional circumstances.

  • The claims made have been proved.

  • These exceptional circumstances are short-term and therefore will not impact the applicant’s ability to maintain and accommodate themselves in the UK.

 

Can my administrative review be cancelled?

Yes, an administrative review can be cancelled if the following circumstances apply:

  • If you make another immigration or visa application.

  • If you ask for a review of a previous immigration decision after you have submitted a new application.

  • If you have emailed the Home Office to ask for your request to be withdrawn.

 

Is an administrative review the same as an appeal?

No, an administrative review is not the same as an appeal.

 

How can Paragon Law help?

At Paragon Law, our immigration solicitors and lawyers have supported many individuals to successfully make an administrative review. Our legal experts understand the administrative review process and understand what is needed to make the strongest application possible. If you require assistance with an administrative review then please contact us to arrange a consultation with an expert immigration lawyer.

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