Administrative Review Applications

This article seeks to provide an understanding of what Home Office decisions may are eligible for Administrative Review, the procedure for submitting such application, the basis on which they are determined, the status of an applicant after an application has been submitted and the potential outcomes following a decision.

Applications under the Points Based System are subject to Administrative Reviews but there are also other applications which do not fall under this category for which Administrative Reviews are also available, some examples include, Representative of an Overseas Business applications, UK Ancestry applications, Bereaved Partner applications and Returning Resident applications.

It also important to state that applications made under Appendix FM are not covered by Administrative Reviews, they are covered by more generous provisions under Immigration Statues (law) dealing with Immigration Appeals. Its also important to state that Visitor Visas decisions may not be reviewed by way of an Administrative Review, although they can be the subject of a Judicial Review.

What type of decisions are eligible for an Administrative Review?

For a Home Office Refusal to be eligible for an Administrative review it must include one of the following decisions:

1. 1. A decision to refuse an application for a visa to enter the UK from abroad.
   2. A decision to refuse an application for permission to enter the UK at any of its airports, seaports or railway stations.
   3. A decision to refuse an application to remain in the UK.
   4. A decision to cancel permission to enter or remain in the UK on a person’s arrival here, where the result of the cancellation is that the person will have no permission following such a decision and where the reason for the cancellation is due to one of the following:(i) There has been a change of circumstances which means that the visa or Immigration status previously granted should be cancelled.
      (ii) The visa or Immigration status granted was obtained as a result of false representations or a failure to disclose material facts.
   5. A decision relating to the period of stay granted or the condition attached to the person’s permission to stay.

Applying for an Administrative Review

The procedure for submitting an Administrative Review application can be summarised as follows:

1. The application must be submitted online via the link on the gov.uk website.
2. Applicants must pay the application fee.
3. The Application must be submitted within the relevant time period, this could be 7 calendar days or even 28-days calendar days from the date the notice was served. To confirm the applicable notice period that applies, applicants should consult one of our Immigration solicitors.

Consideration of Administrative Review applications that have been submitted

When conducting an Administrative Review the Home Office will determine whether an eligible decision has been decided incorrectly because:

1. The UK Visas and Immigration (UKVI) official failed to apply or incorrectly applied the relevant Immigration Rules.
2. The UKVI official failed to apply or incorrectly applied the relevant Home Office guidance.

It is important to note that the UKVI Official will only consider whether an Applicant is entitled to a visa or permission to stay on the basis of the original application and not on some other basis.

Administrative Reviews will only take into consideration information and documents that were submitted with the original application.  There are however a few exceptions, which are noted below:

1. Where a decision was made on the grounds that false representations or deceptions has been relied on in the course of an application.
2. Where a decision to cancel a visa, permission to enter, permission to remain in the UK, has been made on the basis that false representation or deception has been used to obtain that leave.
3. Where a decision to refuse an application for a visa was based on a previous breach of Immigration Laws.
4. Where a decision was taken not to request specified under paragraph 245AA of the Immigration Rules.
5. Where the UKVI Official who made the original decision failed to follow the evidential flexibility in line with the Home Office’s published guidance.

The Home Office has a discretion to request additional documents and where such a request is made, the Applicant must comply with that request within the specified timeframe.

Effect of a submitted Administrative Review application

Applicants should be aware of the following matters after an Administrative Review application has been submitted:

1. If the applicant was in the UK when an Administrative Review application was submitted within the appropriate timeframe, following a decision, that person will not be at risk of removal while the Administrative Review is pending.

2. An Administrative Review application will be considered withdrawn if any of the following apply:(i)   The applicant has waived their right to apply for an Administrative Review by signing an Administrative Review wavier form.
   (ii)  The applicant leaves the UK.
   (iii) The applicant makes a request for his passport to be returned because he intends to leave the UK.
   (iv)  The applicant makes a new application while the Administrative Review application is still be considered by the Home Office.

Potential outcomes following the submission of an Administrative Review application

After an Administrative Review application has been submitted, there are several possible outcomes that applicants can expect, these are noted below:

1. The application is successful and the initial decision is withdrawn, resulting in a reconsideration of the application.
2. The application does not succeed and the original decision is maintained based on the reason previously given.
3. The application does not succeed and the original decision is maintained but one or more reasons for the original decision are withdrawn.
4. The application is not succeed and is maintained, with different or additional reasons given for the decision.

If the application is successful the fee for the Administrative Review application will be refunded.

Applicants are advised to always obtain legal advice whenever possible for submitting any kind of Immigration application including Administrative Review applications. If you are unsure as to whether your Immigration or Visa application can be the subject of an Administrative Review please get in touch with on of our Immigration solicitors today by email or call on +44 (0)207 822 1636.