Administrative Review

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
• 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. 

An applicant would normally be informed of the right to an Administrative review with the accompanying decision letter.

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the initial application to the Home Office until there is final decision on the review itself or, the application is withdrawn.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• the original decision being withdrawn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.  

Furthermore, there is normally only one application for administrative review can be submitted, unless following a successful application through the review process leads to a further rejection by a caseworker.

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. 

RLegal can advise and provide legal representation on the administrative review process and can be contacted through email at info@rlegal.com, via the online contact form on our website at www.rlegal.com or by telephone on +44 207 038 3980. We are regulated by the Solicitors Regulation Authority and are a member of the Law Society of England & Wales. 

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 application fee is £80. 

The time limits for lodging the review are as follows:

• 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