Administrative Review

Administrative review is a legal process which enables an individual to seek a review of a negative immigration decision in the following circumstances:

1. in the UK by the Home Office
2. on arrival in the UK at port of entry
3. overseas by an entry clearance officer to refuse or cancel leave under the immigration rules due to a ‘case working error’ from  specified dates as set out below. 

An applicant should be informed of the right to an administrative review with the accompanying decision letter.

The administrative 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 The administrative review process was brought into replace appeal rights to an independent tribunal which were withdrawn for many types of decision. 

An individual cannot introduce new evidence when lodging the administrative review which was not put forward with the initial application, 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the initial application to the Home Office until there is a final decision on the review itself or, the application is withdrawn.  

A successful administrative review can lead to:

1. the original decision being withdrawn
2. the decision being maintained with the same reasons or 
3. the decision being maintained, but the reasons varied.  

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

Administrative review is a form of legal process and can be challenging, but it is important for an individual to consider initiating the process, as a failure to do so could 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, as all legal avenues must be exhausted. 

Eligible decision in the UK

This only applies to decisions taken by the Home Office as specified below:

• 20 October 2014 –  Tier 4 migrants (now students) and their dependants
• 2 March 2015 – Tiers 1,2 & 5 migrants (now Skilled Workers or temporary work routes) 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 completing a specified form for decisions made within the UK or at the border. 

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.