Administrative Review – In-country
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 the 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 the 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
The applicants are required to make an administrative review application within 14 calendar days to the Home office. 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 the decision and the reasons for the 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.
The outcome of administrative review
Once an 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 a visa to the applicant.
- He may maintain the original decision along with all the reasons for the 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
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.
If the decision-maker maintains the decision of refusal, the applicant may make a fresh application within 14 days from the date of the 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 a decision whether to make a fresh visa application or to proceed in the Judicial review or to chose both, depending on the individual’s circumstances.
How our Immigration Solicitors can help you in making an Administrative Review in the UK?
Our team of UK Immigration Lawyers can expeditiously deal with the Administrative Review in the UK.
Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with the best possible Immigration advice/consultation and accordingly shall prepare your Administrative Review application under the direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the following from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Moorgate on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss your Administrative Review matter in length and advise you on the required documents and procedure of the Appeal matter to the First-Tier Tribunal.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Immigration Appeal matters.
- It will be our aim to keep you posted at all material times during the pendency of your matter, for this matter our clients can log on to our website and keep a close eye on the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on an agreed fee basis.
- We shall never surprise you with hidden charges/fees.
Administrative Review application is not a DIY job and we strongly advise you to seek professional help who are competent in handling the complexities of the immigration matter. We have extensive experience in representing our clients in Administrative Review successfully and have been able to obtain relief for many of our clients who were wrongfully refused visas or further leave to remain under the immigration rules.
You can contact us at 0203 514 2536 or firstname.lastname@example.org and one of our team members will be in touch with you shortly. Or in an emergency, we can be contacted at 07817897184.