Do you need to apply for a Administrative Review?
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If you have been refused a UK visa, an Administrative Review is a way to challenge the decision of the Home Office. You application will be reviewed by a Home Office official. However, it is important to note that you cannot submit any new evidence in order to challenge the decision or fulfill the shortcomings at the time of the application. You must be to argue any caseworker errors when submitting an administrative review. The application must be submitted in time, that means the application for the administrative review must be submitted within the time limit stated below.
An Administrative Review differs from appealing a visa decision when someone has a Right of Appeal against a decision. While an appeal is considered by the court, an Administrative Review is considered by the Home Office caseworker, it is generally the caseworker who did not make the decision on the application. An Administrative Review allows you to challenge errors or mistakes made by the Home Office, rather than to challenge the reasoning behind a refusal. Furthermore, there is no Right of Appeal for many visa categories - such as the UK entrepreneur visa, skilled worker, domestic abuse, etc,- which means that an Administrative Review is your only option in these types of cases.
An administrative review can be filed on a decision from inside the UK or from outside the UK, however the time on the decision may take very long and currently the published time frame for an application inside the UK is 6 months and outside the UK may take upto 12 months. Thus it is very important that your grounds against the challenge are strong and well drafted with the legal point of view which led to an erroneous refusal of your application.
The process of reviewing a visa decision differs depending on if you’re outside the UK, in the UK, or if you were refused entry at the border. If your visa application is refused, you will receive a notice from the Home Office outlining why this decision was taken and whether you have the option of an Administrative Review of the decision.
Your refusal letter will state whether you have permission to request for an administrative review. Generally, if you have been refused an application after 6th April 2015. You must be outside the UK when you you submiited an application to the UK, you must
An Administrative Review can be sought within 28 days of getting the refusal decision. The decision will be revisited for any errors in the review application. No new information or documents can be submitted, unless you’ve been asked to submit them. The process for applying for an administrative review is only possible if you did not apply for a visit visa and you have received a decision with permission to appeal.
If your decision is made on the basis that a document submitted were false, you will be allowed to submit fresh evidence to prove to the contrary.
The result of the Administrative Review will be communicated to you within 28 days. You can’t request a second review - unless the result of the review found new reasons why you were refused a visa. However, if you believe that the review was not carried out correctly you may be able to apply for a Judicial Review.
If you have not been granted Right of Appeal, you can seek Administrative Review from inside the UK. The time limit to apply for an Administrative Review is within 14 days of getting the decision. If you’ve been detained, apply within 7 days. The cost for this process is £80.
As with applying from outside the UK, the result of the review will be communicated to you within 28 days. It is not possible to have a second Administrative Review, unless the result included new reasons why you were refused a UK visa.
Even if your visa has expired, you won’t usually be removed from the UK until the outcome of the Administrative Review has been decided.
In the event your visa has been cancelled on arrival to the UK, you will be granted right to administrative review and you can only challenge the decidion if
The time limit to apply for an administrative review is within 14 days of getting the decision. If you’ve been detained, you’ll need to apply within 7 days. The application needs to be made from within the UK.
If your visa has been cancelled in Paris, Brussels, Dunkirk, Coquelles, Lille or Calais, you will get an right to administrative review to challenge the decision of cancellation within 28 days.
Generally, the decision on the administrative review will be communicated to you within 28 days. Note that you can’t request a second review unless the result of the first review found new reasons why you were refused.
In order to apply for an adminsitrative review you must complete an online application form and confirm the reason why you are challenging the decision. You can provide the grounds for administrative review on the online form or via email if the grounds cannot fit within the charater limit. Once you have completed the form you must pay for application fee of £80.00. If the application was decidedin your favour the £80 is refunded. If you intend to submit any evidence then these must be sent via post or email to the admin review department.
In the event your administrative review is refused, you can only challenge the decision for via a Judicial Review within 90 days from the date of decision. In some occasions submitted a pre-action protocol letter gets the decision reconsidered.
The main difference between an appeal and an administrative review is that the decision on the administrative review is made by a Home Office staff and the decision on the appeal is made by an independent judge at the Immigration and Asylum Chambers. The right to appeal is only granted in decision where the Home Office refuses an application which was based on the Human Rights ground or the refusal will amount to breach of Article 8 of the ECHR.
Frequently Asked Questions
How much time I have to submit admin review if the application was refused inside the UK?
You must submit an administrative review within 14 days
What are the grounds I can include?
Your grounds must be made in order to challenge the decision on the basis that the decision maker conduced an weei.
What is the time limit for an admin review decision?
Do you need to apply for a Administrative Review?
Speak to our experts to find out about our fast, friendly and affordable service
