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Judicial Reviews are however limited in their scope, since they are restricted to the issue of ‘lawfulness’ of the Home Office decision. This also means new evidence can generally not be introduced as part of the review process. The review is not successful and the initial decision still stands remains but with different or additional reasons to those specified in the initial decision. In such circumstances, Administrative Review may be available under the new reasons for the decision. Appealing the decision – there is no general right to appeal an immigration decision in the UK. Immigration appeals are now limited to cases relating to human rights.
Depending on the circumstances, requesting an Administrative Review can provide an opportunity for an individual to have a UKVI refusal overturned. Working with an expert immigration solicitor will ensure that the correct avenue is chosen, and the pertinent information is used to gain a reversal of an unfavourable response. As with applying from outside the UK, the result of the review will be communicated to you within 28 days. It is not possible to have a second Administrative Review, unless the result included new reasons why you were refused a UK visa. An Administrative Review differs from appealing a visa decision under the Right of Appeal.
What are the grounds for a Judicial Review?
An Administrative Review is conducted by a separate team that is independent of the original decision maker. At present, the Home Office team dealing with in-country Administrative Review decisions is based in Manchester, making them physically separate from the initial case working teams in Sheffield and Liverpool. To take the Judicial Review process to a full hearing can take months, if not longer.
If the Administrative Review is successful, the original decision is withdrawn. If you accept the fine, and pay quickly within the stated timeframe, you can pay a reduced penatly. You may also be able to arrange to pay the fine by instalments. The amount of fine is too high e.g., the Home Office failed to apply mitigating circumstances. Where permission is granted for Judicial Review, the matter will be listed for a substantive hearing where the Upper Tribunal will decide whether the decision of the Home Office is in accordance with the relevant law.
Success Story on Administrative Review Procedure
However, you may successfully challenge a UKVI decision by applying for an Administrative Review of the decision. If you have not been granted Right of Appeal, you can seek Administrative Review from inside the UK. The time limit to apply for an Administrative Review is within 14 days of getting the decision.
This application should be made as specified in the refusal letter, ie online, by post or in person. Pre-Licence Error Correction Procedure – to request reconsideration of a refused sponsor licence application due to an error by the caseworker. You’ll be told in your decision letter if you can ask for the decision on your visa application to be reviewed. The time limit to apply for an administrative review is within 14 days of getting the decision.
Department of State
The Home Office must receive a detailed response outlining the problems and the reasons you think the decision-making process was flawed. Take guidance for your circumstances to determine whether additional documents are necessary and how they should be structured and delivered. Additional documents might not be needed as the application is to evaluate the current submission. At A Y & J Solicitors, we specialise in Administrative Reviews. For a successful Administrative Review there must be an error in the decision that we can challenge.
Ms A was delighted to be able to continue growing her business and work towards a settlement. When I tried to enter the UK, my visa was cancelled by border control and I was denied UK entry or given temporary admission. You attempted to extend your current leave or switch your current visa status into settlement. Before processing the AR, it might be possible to carry out a 'Reconsideration Request', this is where you can ask for your AR or appeal to be first reviewed.
It also helps enforce excess false alarm violations, sanitation violations, and other City laws administered with code violation notices .
Please note, judicial review could cost great deal of time, money and energy. Therefore, it’s important to take the administrative review process seriously, and use the opportunity to get it right the first time. Anyone who struggle with immigration issues will understand how devastating it is and how much right advice and guidance can help.
At A Y & J Solicitors, we have been successful on AR application. We understand the devastating impact a UKVI refusal can have on your life. We’re immigration law experts who go the extra mile for our clients and always work for your successful outcome. An expert immigration solicitor understands the detail of the law and will formulate a strong case for your appeal. She thought the process would be straightforward, and submitted her information with confidence. However, she received a very unexpected refusal from UK Visas and Immigration .
The Home Office looked into the situation and granted a decision in our client’s favour. These days, most of the UK immigration applications, if refused, offer no full right of appeal. If this is the case, then you may have an opportunity to request an Administrative Review of the decision. It’s very important that you take this opportunity seriously and see if you can have the original decision overturned in your favour.
You can email the Home Office and ask for your request to be withdrawn. There are approximately 1000 Central Office employees between the main office, the field offices, the Cook Chill Production Center, the Print Shop, and the Revitalization program. 250.00 GBP We are a fee-charging firm of UK Immigration Lawyers.
Judicial Review may be available where there is no other option for challenge of a Home Office decision. Where the Administrative Review is not successful, take advice on your options, which may include escalting the matter to Judicial Review. If the review is not successful, the original judgement will continue even though one or more of the original justifications have been withdrawn. After a successful review, the Home Office judgement is withdrawn. If you use assistive technology and need a version of this document in a more accessible format, please email Please tell us what format you need.
Using Legal Representation to Submit a Successful Administrative Review to the Home Office
We are advisers to UK employers on all aspects of UK immigration compliance and applications. If you have received a negative Home Office decision, you will need to act quickly to determine your next steps. Your decision letter will let you know if the matter qualifies for administrative review. In general, applications for sponsorship licences and visas in Tier 1, Tier 2 and Tier 5, Investors, Start-ups, Innovators, and ILR on a points-based immigration path are eligible for Administrative Review.
After many bad experiences it was very refreshing to have the professionalism and personable touch provided by NA law. I was successful in my applications thanks to the thoroughness and support provided by NA law. We will take the time to understand the UKVI decision made regarding your application and then decide the best course of action to take on your behalf. If this turns out to be Administrative Review, we will ensure the application is sent in on time, includes the reasons why the decision should be subject to a review and include any supporting documentation. A friend heard about her refusal and recommended she contact an expert immigration law solicitor.
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