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Index >> Visa Refusal / Appeals, Complex Cases >> Administrative Review >> Who has the right to apply for an administrative review >&g back button

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Administrative Review

Who has the right to apply for an administrative review?

A person who makes an application on or after the relevant date and has received an ‘eligible decision’ may apply for an administrative review.

Eligible decisions are those made on:

  • in country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependent  

  • in country Tiers 1, 2 or 5 applications made on or after 2 March 2015by either a main applicant or dependent, including indefinite leave to remain applications under those routes

  • in  country applications where the decision was made on or after 6 April, unless the applicant applied as a visitor or made a protection or human rights claim

and for which the outcome is that the application is either: 

  • refused

  • approved and a review is requested of the period or conditions of leave 

  • granted

How will the applicant know they have a right to apply for an administrative review?

If the Home Office has refused an application, the decision notice will tell the applicant if they can apply for administrative review.
If the applicant thinks the Home Office has granted the wrong period or conditions of immigration leave they can apply for an administrative review.

 

How can you apply for an administrative review?
Talk to our experts and get the right advice first time, every time.

 

What fee is payable for an administrative review?

There is a fee of £80 for an administrative review.

Refunds and length of time for a refund to be given

The fee is only refunded if the:

  • application for administrative review is rejected as invalid

  • a decision on the review is to grant leave, this includes cases where the outcome of an administrative review is that the original grant of leave was issued for the wrong period, or subject to the wrong conditions

The fee will not be refunded if the outcome of the administrative review is that the original decision is upheld.
The fee should normally be refunded within 3 weeks of the date of decision

What does an administrative review do?

It will allow the applicant to raise any permitted case work error that they think has been made on the application and, if an error has been made, have it corrected.  

Will the person conducting the administrative review be the same person who made the initial decision?

No. The administrative review will be carried out by a different person on an independent team.

What is the time limit for applying for administrative review in country

It is14 calendar days from the date the applicant receives the decision notice or biometric residence permit (BRP) (7 calendar days if they are detained).

Will immigration leave continue while the administrative review is being carried out? 

If the applicant made an in time application and has applied within the time limit for administrative review of the decision on that application,  they continue to have immigration leave until they are served with notice of decision of the administrative review or they withdraw their application for administrative review

Can applicants who applied in country before the administrative review was introduced also request an administrative review?

No. Applicants who made an in country Tier 4 application before 20 October 2014, or a Tier 1, 2 or 5 application before 2 March 2015,
 cannot request an administrative review. 

Can applicants apply for administrative review and make a new application for entry clearance, leave to enter or leave to remain at the same time?

No. If an applicant makes an administrative review application and then makes a new application for entry clearance, leave to enter or leave to remain, the administrative review application will be treated as withdrawn.

If an applicant makes a new application for entry clearance, leave to enter or leave to remain and then makes an administrative review application in respect of a previous decision, the administrative review application will be rejected.

What happens if the administrative review is unsuccessful?

The applicant must leave the UK after they receive the administrative review decision if they do not have immigration leave

What will happen to any immigration health surcharge (IHS) paid while an administrative review could be made?

If an IHS has been paid and the application was refused with a right of administrative review, the IHS will not be refunded during the period when an:

 

  • in time administrative review may be made

  • administrative review is under consideration

If an IHS has been paid and the application for leave was granted but for a shorter period than applied for, the IHS will be refunded for the period of leave which was not granted. Consequently, if the applicant makes an administrative review application and is granted an extra period of leave as a result, they must then pay the extra IHS. The Home Office will contact the applicant
 to request the IHS payment

Administrative review at the border

Who has the right to apply for an administrative review at the border?

 An applicant who has received an ‘eligible decision’ may apply for an administrative review

For applicants at the UK border, eligible decisions are decisions made on or after 6 April to cancel leave to enter or remain which was in force with the result that the applicant has no leave to enter or remain, due to:

  • change of circumstances

  • false representations

  • failure to disclose material facts

If the decision was made before 6 April 2015, it is not possible to apply for the administrative review of the decision.

How will the applicant know they have a right to apply for an administrative review?

If a Border Force officer has cancelled a person’s leave to enter or remain at the border, the decision notice will tell the applicant if they can apply for administrative review.

How will the applicant know they have a right to apply for an administrative review?

If a Border Force officer has cancelled a person’s leave to enter or remain at the border, the decision notice will tell the applicant if they can apply for administrative review.

 

How can you apply for an administrative review?
Talk to our experts and get the right advice first time, every time.

 

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