The UK immigration matters could be distressing especially when you have a refusal decision in hand. It may seem like the end of the world but in fact, it may not be. We at Immigration Solicitors 4me have specialist immigration solicitors who are regularly dealing with post refusal matters.
If your UK Visa application has been refused, you can exercise the right to make an Administrative Review. This gives you the right to challenge the refusal decision. However, it is a viable option if you can build up a strong case against the decision passed by UKVI.
On the contrary, it would be appropriate to submit a new UK Visa application when chances of setting aside the refusal decision are quite low.
When making a decision regarding the submission of an Administrative Review, make sure to consider the key factors listed below:
In order to seek more guidance on Administrative Review, please continue reading.
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Talking about the UK Visa Administrative Review, it is referred to as the first line of action against the refusal of your UK Visa application (under Points-Based-System).
However, this right isn’t available against the refusal of a Visitor Visa application. Furthermore, it is not allowed to submit additional evidence to prove your case. Hence, you need to rely on the existing evidence.
You can make a UK Visa Administrative Review under any of these three circumstances:
Administrative Review is a way to challenge the refusal of a UK Visa or Leave to Remain application. This right can be exercised when you don’t have a right to appeal against the refusal decision.
In addition, the right to make an Administrative Review is awarded to prevent the negative impact on applicants’ future UK Visa applications. The most common ground or plea for a successful Administrative review is the “Case Working Error”.
You can exercise this right in any of the following visa categories:
The process of Administrative Review UK is not conducted by those caseworkers who have passed the original decision. On the contrary, this proceeding is handed over to a new team by the Home Office.
If your UK visa or Leave to Remain application is refused, you will receive a refusal letter from the UKVI. This particular letter clearly mentions the reasons for such a refusal.
The refusal letter also explains:
When making an Administrative Review from outside the UK, the time limit is 28 days. On the other hand, you have to apply within 14 days when making an application from inside the UK.
If detained in the UK, you are bound to make an Administrative Review within just 7 days. Irrespective of the fact whether you are submitting an Administrative Review from either inside or outside the UK, it costs you £80.
Here are the things to consider when making a UK Visa Administrative Review:
Listed below are the key advantages of making an Administrative Review:
The procedure of submitting an Administrative Review is simple. Hence, you can avoid the hectic process of making a fresh UK Visa application after refusal.
After submission of the UK Visa Administrative Review, it may take up to 6 months for the decision to be announced. The Home Office will update you regarding the current situation of your Administrative Review after 3 months. The delay in the processing of your review application won’t affect your rights.
You will be informed in the refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an administrative review. The different caseworker then reviews the refusal decision in light of the grounds of administrative review and whether maintains the refusal decision or overturns it.
The UK Immigration Rules provide a right of an Administrative Review in three types of refusal decisions:
The deadline for AR requests is reduced to 07 days if you are detained under Immigration Laws.
The decision will be checked for the errors you point out. New evidence will not be considered unless the decision has alleged deception or misrepresentation. The result of the administrative review is normally served within 28 days. If are in the UK, you won’t usually be removed until your review has been completed.
In some cases, the UKVI will serve a fresh decision removing some of the admin or human errors in the original decision but still maintaining the main reasons for refusal.
If the Admin Review is unsuccessful, you may be able to challenge the decision in an application for permission to apply for a Judicial Review, within 03 months of the decision. You should count the three months deadline from the original refusal decision.
Our post refusal team will provide you with accurate advice on your chances of success in the Admin Review application. In some cases, it would be wiser to make a fresh application for leave to remain but it all depends on the individual circumstances. We at Immigration Solicitors 4me do not believe in a tick box approach. Our specialist solicitor will draft the most accurate and legally strong grounds for administrative review and make an application to the relevant post or office of the UKVI. We have a good success rate in administrative review applications.
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