Administrative Review

Administrative review

Administrative Review is a legal way to challenge a decision made by the Home Office. There are different procedure rules if the decision is made in the UK or outside the UK. You may also have a right to challenge the decision through a judicial review application and further details can be found here.

If you think that the Home Office has made an error in refusing your visa application, you can ask them to check their decision. This is an administrative review. The review will, for example, look at grounds set out by you, explaining with references to the passages of the immigration rules as to why the decision was unlawful.

You can seek legal advice from ICS Legal, to understand whether you have any legal merits to challenge the decision. You can email us the refusal notice to info@icslegal.com or you can fax this on 0207 112 8479. Full details of our contact details can be found by clicking here

You must ask for an administrative review no more than 14 or 28 days after the date when you receive the refusal notice. When the Home Office sends you the refusal notice, they will also send you:

  • Original decision letter explaining why they have refused your application.
  • An administrative review request notice.
  • Administrative review request notice guidance notes.

You must complete the request notice in full, and send it to the post which processed your visa application. Do not send your administrative review to any Immigration Tribunals in the UK as they are not dealt with by HM Courts and Tribunal Service. This may cause 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 UKBA overturns their refusal decision, they will ask you to send in your passport or travel document.

The 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.

In country administrative review of a legal decision

Who has the right to apply for an administrative review? A person who makes an application on or after the relevant date and has received an ‘eligible decision’ may apply for an administrative review.

Eligible decisions are those made on:

  • in country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant;
  • in country Tiers 1, 2 or 5 applications made on or after 2 March 2015 by either a main applicant or dependant, including indefinite leave to remain applications under those routes;
  • in country applications where the decision was made on or after 6 April, unless the applicant applied as a visitor or made a protection or human rights claim and for which the outcome is that the application is either refused or approved and a review is requested of the period or conditions of leave granted.

How will the applicant know they have a right to apply for an administrative review? If the Home Office has refused an application, the decision notice will tell the applicant if they can apply for administrative review. If the applicant thinks the Home Office has granted the wrong period or conditions of immigration leave they can apply for an administrative review.

How to apply for an administrative review? Applicants may apply online on the Home Office website.

What fee is payable for an administrative review? There is a fee of £80 for an administrative review. These fees changes quite frequently, so please check at the time of the application.

What does an administrative review do? It will allow the applicant to raise any permitted case work error (defined in appendix
AR of the Immigration Rules) that they think has been made on the application and, if an error has been made, have it corrected.

Will the person conducting the administrative review be the same person who made the initial decision? No. The administrative review will be carried out by a different person on an independent team.

What is the time limit for applying for administrative review in country? It is 14 calendar days from the date the applicant receives the decision notice or biometric residence permit (BRP) (7 calendar days if they are detained).

Will immigration leave continue while the administrative review is being carried out? You need to get legal advice on this matter. This is a complex part of law. Contact ICS Legal on 0207 237 3388 to get expert advice.

Can applicants who applied in country before administrative review was introduced also request an administrative review? No. Applicants who made an in country Tier 4 application before 20 October 2014, or a Tier 1, 2 or 5 application before 2 March 2015, cannot request an administrative review.

Dependants of applicants under the points-based system

If the UKBA rejects your partner or child’s application for a visa as the dependant 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 dependant did not apply under the points-based system. Your dependant will instead have a limited or full right of appeal.

Reasons to ask for an administrative review

You can ask for an administrative review of a decision about your leave to remain if you think the Home Office has:

  • reached an incorrect decision that your supporting documents are not genuine;
  • reached an incorrect decision in relation to a previous breach of UK immigration law;
  • reached an incorrect decision that your application was submitted beyond the time limits of the Immigration Rules;
  • applied the Immigration Rules incorrectly;
  • failed to apply the Secretary of State’s relevant published policy and guidance;
  • made an error in calculating the correct period of immigration leave either held or to be granted.

Using ICS Legal will ensure you can set out the matter correctly and also look at the specified evidences you can provide to support the matter. You can book a telephone consultation, by clicking here.

Decisions made by the UKVI outside the UK

Legal processes outside the UK is different to the ones in the UK and the following will provide some answers to questions related to an application for a decision to be reviewed:

Who has the right to apply for an administrative review overseas? A person who has received an ‘eligible decision’ on an entry clearance application may apply for an administrative review. For applicants overseas, an eligible decision is a decision to refuse an application for entry clearance made on or after 6 April 2015, unless the application is: as a short term student made under part 3 of the Immigration Rules, as a visitor or a human rights claim.

How will the applicant know they have a right to apply for an administrative review? If the entry clearance officer has refused an application, the decision notice will tell the applicant if they can apply for administrative review and how to apply.

How to apply for an administrative review? The applicant must apply using the application form provided with their decision
notice. The decision notice will tell them how to make the application.

Fee payable for administrative review? There is currently no fee for an overseas administrative review. However the Home Office will change this in the future.

What does an administrative review do? It will allow the applicant to raise any permitted case work error (defined in appendix
AR of the Immigration Rules) that they think has been made on the application and, if an error has been made, have it corrected.

Will the person conducting the administrative review be the same person who made the initial decision? No. The administrative review will be carried out by a different person.

What is the time limit for applying for administrative review? For entry clearance decisions, 28 calendar days from the date the applicant receives the decision notice.

Can applicants who applied overseas before administrative review was put into the Immigration Rules for overseas decisions also request an administrative review? Only if they had a right of administrative review under the policy before 6 April 2015. Their decision notice will tell them if they have a right of administrative review and how to apply for one.

At Border Control

If your leave to enter was cancelled at the UK border (an airport, port or train station) you can apply for an administrative review of that decision, if you think the Home Office has:

  • reached an incorrect decision on the grounds that your circumstances have changed;
  • reached an incorrect decision on the grounds that you gave false information;
  • reached an incorrect decision on the grounds that you failed to tell the Home Office about something relevant to your application.

Getting legal advice from ICS Legal is quick and ensures you understand your legal position. Call our team on 0207 237 3388. 

How will the applicant know they have a right to apply for an administrative review? If a Border Force officer has cancelled a person’s leave to enter or remain at the border, the decision notice will tell the applicant if they can apply for administrative review.

How to apply for an administrative review? The applicant may apply online using the form online.

Fee payable for administrative review? There is a fee of £80 for an administrative review.

Reconsideration of a legal decision

An applicant who has a right of administrative review against an immigration decision must make an administrative review application to request any reconsideration of the decision on their application.

Home Office will not accept any other type of reconsideration request about the decision either before, during or after the administrative review has taken place. This includes any request from sponsors to review decisions or perform ‘error correction’ outside the administrative review rules and process.

Right of appeal following the decision

There is somewhat confusion between the terms of “appeal” and “administrative review”. If an applicant has a right of appeal, they will not be eligible to submit a request for administrative review of the same decision. Home Office will reject any application for administrative review about a decision where there is a right of appeal.

If an applicant has a right to request an administrative review of an eligible decision, they will not be entitled to an immigration appeal against that decision. If they try to appeal a decision at the tribunal when there is no right of appeal, the Home Office will argue that the appeal must be rejected because the tribunal has no jurisdiction (legal authority) to hear it.