ADMINISTRATIVE REVIEW CHALLENGE AN UNFAIR DECISION
You might be able to appeal the Home Office’s decision if your application for a UK visa was turned down by requesting an UK VIsa administrative review.
Simply call us at 02033844389 if you need help with your visa. You can also fill out the online form here.
Public Administrative Review Explained
Following on from a visa refusal, you may be able to apply for an administrative review. This is a review of your visa application, which is undertaken by a different Home Office official than your original application.
No new evidence can be submitted prior to an administrative review to support your case so this option is suitable only if you believe that you submitted the correct information originally and that the Home Office made an error in refusing your visa application.
Speak to our assessment team now to confirm your eligibility and options for free on 02033844389.
If you're outside the UK
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.
You can only ask for an administrative review if all of the following apply:
- You’re outside the UK
- You applied outside the UK
- Your application was refused on or after 6 April 2015
- You don’t have a right of appeal against the refusal
- You didn’t make an application as a visitor
Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you make any other immigration or visa application.
Our experienced UK immigration Solicitors can help you with your immigration process.
If you're in the UK
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.
You can ask for your application to be reviewed if one of the following apply:
- Your application was refused
- Your application was granted but you’re unhappy with the amount or conditions of your leave
This is known as an ‘administrative review’.
You may be able to appeal if you’re not eligible for an administrative review.
Apply for administrative review
If your application was refused, you must apply for an administrative review within 14 days of getting the decision.
You must apply within 7 days if you’ve been detained.
Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you:
- Make any other immigration or visa application
- Ask for your passport back so you can travel
- Leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.
You can also email the Home Office and ask for your request to be withdrawn.
Our experienced UK immigration Solicitors can help you with your immigration process.
If your visa was cancelled at the border
You’ll be told in your decision letter if you can ask for the decision to cancel your visa to be reviewed. This is known as an ‘administrative review’.
You can ask for the decision to be reviewed if your visa was cancelled for one or more of the following reasons:
- There has been a change in your circumstances
- You gave false information
- You failed to include relevant facts
If you were given temporary admission to the UK
You must apply for an administrative review within 14 days of your visa being cancelled or 7 days if you are detained. You need to do this from the UK.
If your visa was cancelled at border controls outside the UK
You must apply for an administrative review within 28 days of your visa being cancelled in any of the following cities:
- Paris
- Brussels
- Dunkirk
- Coquelles
- Calais
- Lille
Get a decision
The decision will be checked for the errors you point out. Don’t send new information or documents unless you’ve been asked to.
You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons for the cancellation of your leave).
If you’re in the UK, you won’t usually be removed until your review has been completed.
Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you:
- Make any other immigration or visa application
- Ask for your passport back so you can travel
- Leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.
Our experienced UK immigration Solicitors can help you with your immigration process.
Get a decision
You’ll be given a decision in person or by post.
The tribunal will either decide to:
- Allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the Home Office has to reconsider its decision
- Dismiss your appeal and uphold the Home Office’s original decision
You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.
Both you and the Home Office can appeal the decision of the tribunal.
The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.
If you win your appeal
The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.
The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.
If you lose your appeal
You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.
For example, you think the tribunal:
- Got the law wrong
- Didn’t apply the correct law
- Didn’t follow the correct procedures, which affected the decision
- Had no evidence to support its decision
For any assistance, feel free to reach out to our dedicated UK immigration solicitors at 02033844389. They are just a few clicks away and are always ready to help you.
Our experienced UK immigration Solicitors can help you with your immigration process.
Frequently Asked Questions
Hidden
Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.
How long does the UK visa administrative review take?
Administrative review outcomes often take 6 to 12 months to be received. Factors like the complexity of the case and the court’s caseload can greatly affect how long an administrative review procedure takes.
Within six months, if you have not heard back from the Home Office on your application, they will notify you. The delay in processing applications does not impact your rights.
What happens after administrative review?
Once an administrative review is requested, the Home Office will reassess its decision. This review will be undertaken by a distinct team unrelated to the official who originally made the decision. If the Home Office finds that your case was handled improperly, they will take action to rectify this issue.
What is the judicial review of criminal law?
In the field of criminal law, judges carry out thorough scrutiny to make sure that legal procedures and laws follow the standards set in the Constitution and other legal frameworks. This includes checking if law enforcement did searches and arrests properly, making sure trials were fair, and confirming that the rights of people accused of crimes were protected.
If the courts find any problems or rule-breaking, they have the power to change or cancel decisions, laws, or actions. This helps maintain fairness when applying the law in criminal cases.
When is judicial review applicable?
Legality, procedural injustice, and irrationality in the Home Office’s decision are the only reasons a judicial review should be taken into consideration. This can include any of the following scenarios:
- The Home Office certified your asylum petition, or human rights act claim because it is “clearly unfounded.”
- In this matter, you do not have the right to appeal in the UK.
- Further submissions were denied as not being a new claim, and you do not have the opportunity to appeal.
- Your asylum request is being moved to another European country because it’s considered inadmissible.
- You’ve been held in detention unlawfully.
- You lack the authorization to appeal at the Upper Tribunal, yet you suspect a legal mistake was made during the decision-making process for your immigration application.
- You aim to contest an upcoming removal.
How to make a judicial review application
If you decide to file for judicial review, you should immediately gather and organise all of the documentation from the tribunal hearings. Note down anything you remember about the tribunal proceedings. You should have a written record of the tribunal’s decision. If you don’t have it, request it as soon as possible.
The documents you assemble and submit to the court registry serve as a comprehensive overview of your case for both the court and the involved parties. These documents present:
- The factual evidence you plan to use
- The legal basis of your claim
- The argument you’ll present in court
Applications for judicial review are initiated by submitting a petition along with supporting affidavits to the BC Supreme Court by Rule 16-1.
Seeking advice from an experienced solicitor is highly advisable if you’re considering a judicial review or if you’re uncertain about the strength of your case and your chances of success.
Contact Form
Inline form for homepage
"*" indicates required fields
