Administrative Review - student visa

Administrative Review to Challenge Refusal of Student Visa Applications

Since appeal rights have been taken away from most of the immigration categories, the applicants whose entry clearance applications or leave to remain applications or Indefinite leave to remain applications are refused they are given right of administrative review.

This is a procedure where the applicant is given an opportunity to challenge the refusal by providing relevant arguments or documents in some cases.

It is mandatory for the home office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of administrative review.

The reasons of refusal shall disclose all the issues / concerns of the Home office which have been identified by the immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the home office.

Time to Lodge Administrative Review

Students residing in the UK are required to make administrative review application within 14 calendar days to the Home office from the date of refusal of student visas. While for those living outside the UK, the deadline is 28 calendar days. It is really important to meet the deadline as otherwise the Home office may reject the application unless exceptional reasons for the delay are provided.

Grounds of Administrative Review

One has to carefully consider and draft the grounds on which he or she may rely in their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review is a specialized area of immigration work and should therefore be left for the experts to handle it.

Outcome of Administrative Review

Once Administrative review is lodged, a different caseworker considers the grounds of administrative review and may make one of the following decisions:

He may overturn the original decision and issue visa to the applicant.

extend this visa or switch to another visa

He may maintain the original decision along with all the reasons of refusal; or

He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or

He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Effect of Administration Review for in-country Students

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Further Option – Judicial Review

If the decision maker maintains the decision of refusal, the applicant may make a fresh application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh visa application or to proceed in the Judicial review or to choose both, depending on the individual’s circumstances.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

info@chauhansolicitors.com

0203 514 2536