Administrative review is a process whereby a Home Office reviewer will review an immigration decision in order to decide whether it is wrong due to a case working error.
Only certain decisions are eligible for Administrative Review. If the immigration decision is not an eligible decision then the appropriate remedy will be an appeal or judicial review rather than an application for Administrative Review.
What is an eligible decision?
A full list of eligible decisions is set out in Appendix AR to the Immigration Rules. However, eligible decisions include:
- A decision to refuse entry clearance where the entry clearance application was made on or after 6 April 2015 and did not involve an application for a visit visa, short-term student visa or application as a family member under Appendix FM or partner or child of HM Forces;
- A decision to cancel leave to enter or remain on grounds of a change of circumstances, false information or failure to disclose material facts made on or after 6 April 2015 if the result is that the applicant has no leave to enter or remain;
- A decision to refuse leave to remain as a Tier 4 migrant (or partner or child of a Tier 4 migrant) in relation to an application made on or after 20 October 2014;
- A decision to refuse leave to remain as a Tier 1, 2 or 5 migrant (or partner or child of a Tier 1, 2 or 5 migrant) in relation to an application made on or after 2 March 2015;
- A decision to refuse leave to remain in relation to any other application made on or after 6 April 2015 unless the application was as a visitor, on the basis of long residence, for leave to remain as a family member under Appendix FM or partner or child of HM Forces or otherwiese involved a human rights or asylum claim.
Our Administrative Review service includes:
- Expert advice from an immigration lawyer as to the requirements of the Immigration Rules, Home Office Policy and Case-Law;
- Thorough analysis of whether there has been a case working error in the eligible decision and the merits of applying for Administrative Review;
- Guidance as to whether new documents or other evidence may be submitted as part of the Administrative Review;
- Detailed legal submissions drafted by an immigration lawyer outlining the relevant case working error and grounds for Administrative Review in your case.