Administrative Review

Administrative review is a remedy available for certain specific applications that have been refused by the Home Office in the first instance.
Administrative Review

About this service

The process of administrative review involves a formal request to the Home Office to conduct a review of the refusal decision to determine whether a “case working” error has occurred.

The administrative review will usually be considered by another case worker of the Home Office to ascertain whether the correct decision was initially made and if so whether the refusal is correct. You cannot introduce new evidence during the process of administrative review.

 

If an applicant is successful with the administrative review challenge, the Home Office will usually withdraw the refusal decision and grant the remedy sought. If the administrative review is only partly accepted, the Home Officer can however maintain the refusal by relying on other factors.

 

If the refusal decision is maintained, an applicant may need to consider whether Judicial Review proceedings are appropriate to challenge the original decision and the administrative review decision based on procedural fairness, irrationality or illegality.

The following types of applications usually attract the remedy of administrative review:

  1. Article 41 of the Additional Protocol to the European Community Association Agreement (ECAA) with Turkey
  2. In-country study/student visa applications under the Immigration Rules made on or after 20 October 2014 by either a main applicant or dependant
  3. In-country worker and temporary worker visas under the Immigration Rules made by either a main applicant or dependant, including indefinite leave to remain
  4. In-country applications unless the applicant applied as a visitor or made a protection or human rights claim.

Unless otherwise specified, the administrative review must be submitted to the Home Office no later than 14 days from the date the decision has been received. This deadline extends to 28 days if the original application was submitted out of country.

For administrative review matters, the typical services may include:

  1. Preparation and submission of administrative review Grounds
  2. Further advice depending on the outcome of the review.

Contact us or call 0203 815 8440 if you have any queries or questions pertaining to eligibility for Administrative Review.

FAQs

Frequently Asked Questions

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