Claimtime Immigration
Administrative Review Explained
Following on from a visa refusal, you may be able to apply for an administrative review. This is a review of your visa application, which is undertaken by a different Home Office official than your original application.
No new evidence can be submitted prior to an administrative review to support your case so this option is suitable only if you believe that you submitted the correct information originally and that the Home Office made an error in refusing your visa application.
Speak to our assessment team now to confirm your eligibility and options for free on 0800 970 2727.
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.
You can only ask for an administrative review if all of the following apply:
● you’re outside the UK
● you applied outside the UK
● your application was refused on or after 6 April 2015
● you don’t have a right of appeal against the refusal
● you didn’t make an application as a visitor
Your request for an administrative review will be withdrawn (cancelled) if you make any other immigration or visa application.
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.
You can ask for your application to be reviewed if one of the following apply:
● your application was refused
● your application was granted but you’re unhappy with the amount or conditions of
your leave
This is known as an ‘administrative review’.
You may be able to appeal if you’re not eligible for an administrative review.
Apply for administrative review
If your application was refused, you must apply for an administrative review within 14 days of getting the decision.
You must apply within 7 days if you’ve been detained.
Your request for an administrative review will be withdrawn (cancelled) if you:
● make any other immigration or visa application
● ask for your passport back so you can travel
● leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.
You can also email the Home Office and ask for your request to be withdrawn.
You’ll be told in your decision letter if you can ask for the decision to cancel your visa to be reviewed.
This is known as an ‘administrative review’.
You can ask for the decision to be reviewed if your visa was cancelled for one or more of
the following reasons:
● there has been a change in your circumstances
● you gave false information
● you failed to include relevant facts
If you were given temporary admission to the UK
You must apply for an administrative review within 14 days of your visa being cancelled or 7 days if you are detained.
You need to do this from the UK.
If your visa was cancelled at border controls outside the UK
You must apply for an administrative review within 28 days of your visa being cancelled in any of the following cities:
● Paris
● Brussels
● Dunkirk
● Coquelles
● Calais
● Lille
The decision will be checked for the errors you point out. Don’t send new information or documents unless you’ve been asked to.
You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons for the cancellation of your leave).
If you’re in the UK, you won’t usually be removed until your review has been completed.
Your request for an administrative review will be withdrawn (cancelled) if you:
● make any other immigration or visa application
● ask for your passport back so you can travel
● leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.
You’ll be given a decision in person or by post.
The tribunal will either decide to:
● allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
● dismiss your appeal and uphold the Home Office’s original decision
You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.
Both you and the Home Office can appeal the decision of the tribunal.
The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted
unreasonably.
The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.
The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.
You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.
For example, you think the tribunal:
● got the law wrong
● didn’t apply the correct law
● didn’t follow the correct procedures, which affected the decision
● had no evidence to support its decision
Contact us now for an advice
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