The UK immigration matters could be distressing especially when you have refusal decision in hand. It may seem like 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.
You will be informed in the refusal letter if you can ask for the deci-sion on your visa application to be reviewed. This is known as an administrative review. The different case worker then reviews the re-fusal 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 refusal of Entry Clearance to the UK i.e. out-country decisions, where the deadline to make AR request is 28 days.
• The refusal of application for leave to remain in the UK i.e. in-country decisions, where deadline to make AR request is 14 days.
• Where you leave was cancelled at the Border where the deadline is 14 days.
The deadline for AR request is reduced to 07 days if you are in detained under Immigration Laws.
What will happen after the request is made:
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.
What are the possible outcomes:
a. The original decision maintained.
b. The original decision over-turned and visa granted.
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.
How can we help:
Our post refusal team will provide you with an accurate advice on your chances of success in the Admin Review application. In some cases, it would be wiser to make a fresh applica-tion for leave to remain but it all depends on the individual circumstances. We at Immigration Solicitors 4me do not believe on a tick box approach. Our specialist solicitor will draft most accurate and legally strong grounds for administrative review and make application to the relevant post or office of the UKVI. We have a good success rate in administrative review applica-tions.
What are my options if Admin Review is refused:
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.
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