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Are you or someone you know facing an immigration appeal in the UK? It can be a confusing and stressful process, but there is hope. Enter the administrative review, a possible solution for those who believe their case was unfairly decided by the Home Office. 

What is an administrative review?

An administrative review is a process to challenge the decision of UK Visas and Immigration (UKVI) or the Home Office, where an individual believes that their application was unfairly refused. It serves as a check on the original decision-making process, providing applicants with a second chance to have their case reviewed.

Administrative reviews are available for various types of immigration applications such as visa refusals, work permit refusals, and extension applications that were denied due to errors in processing. However, it's important to note that not all decisions are eligible for review. For instance, if an applicant has already appealed their case through another route or if they have overstayed in the UK then they won't be able to apply for an administrative review.

The purpose of this process is not to reconsider new evidence but rather determine whether there were any legal errors made during the initial decision-making process. If an error is found by the reviewing authorities then they can overturn or modify the original decision.

It's worth noting that administrative reviews should not be confused with appeals since these are different processes altogether. Appeals involve presenting new evidence before a judge whereas administrative reviews only allow for mistakes within existing documents to be identified and corrected without introducing additional evidence.

An administrative review provides individuals with a chance to challenge unfair decisions made by UK Visas and Immigration (UKVI) or Home Office officials regarding their application status; however it isn't always possible nor does it guarantee success.

Different Types of Administrative Reviews

Administrative reviews are a way to challenge an immigration decision made by the Home Office. There are different types of administrative reviews available, depending on the type of decision that has been made.

One type of review is called “mandatory reconsideration.” This applies when an individual disagrees with a decision related to their asylum or human rights claim. The request for mandatory reconsideration must be filed within 14 days of receiving the decision.

Another type of administrative review is known as “non-asylum immigration decisions” and applies when an individual wants to challenge a refusal relating to visas, work permits, family visas or student visas. In this case, individuals have 28 days from receiving the notice about their refusal in which they can apply for an administrative review.

There are also “entry clearance refusals,” which apply if someone has had their application for entry into the UK denied at the border control point. Here too, individuals have 28 days from receiving notification about their refusal in which they can apply for administrative review.

It's important to note that not all decisions can be challenged through administrative review and some may require going through a formal appeals process instead. It’s always best to consult with an experienced solicitor before deciding on your next steps.

Who Can Apply for an Administrative Review?

An administrative review is a process by which an applicant can request for the UK Home Office to review a decision made on their immigration application. However, not everyone is eligible to apply for an administrative review.

Firstly, only those who have received a decision from the Home Office that they disagree with can apply for an administrative review. This means that if your application has been approved or granted, you cannot ask for an administrative review.

Secondly, only certain types of applications are eligible for an administrative review. These include applications made under Tier 1 (Entrepreneur), Tier 2 (General and Minister of Religion), Tier 4 (General Student) and Tier 5 (Temporary Worker) categories.

Furthermore, individuals whose leave to enter or remain in the UK has been refused on grounds related to family or private life may also be eligible for an administrative review.

It's important to note that there are strict time limits within which one must apply for an administrative review. Applicants typically have 14 days from when they receive the Home Office's decision letter to submit their request.

If you fall into any of these categories and wish to challenge a decision made by the Home Office on your immigration application, then applying for an Administrative Review might be something worth considering.

How to Apply for an Administrative Review

To apply for an administrative review, you must first identify which type of review applies to your case. Once determined, you may submit the application online or by post. It is important to note that there are strict time limits within which to apply.

The process requires a payment of £80, which will only be refunded if the decision is overturned. Payment can also be made through a third party such as a solicitor or legal representative.

When applying for an administrative review, it is crucial to include all relevant information and evidence in support of your case. Failing to do so could result in the refusal of your request for review.

It is advisable to seek professional advice from an experienced immigration solicitor before submitting an application for administrative review. They can guide you on what information and documentation needs to be included and help ensure that everything is prepared accurately and completely.

Applying for an administrative review can be complex and daunting but with proper guidance from experts in immigration law, it becomes easier.

What Happens after an Administrative Review is Granted?

After an administrative review is granted, the Home Office will notify the applicant of its decision within 28 days. If they agree with the grounds for review, they may withdraw their original decision and replace it with a new one. This can either be in favour of or against the applicant.

If the application is successful, any adverse immigration decisions made by UK Visas and Immigration (UKVI)will be set aside. The applicant's leave to remain or enter will then be granted under their chosen category.

However, if their application is unsuccessful even after administrative review, applicants may have other options available to them such as applying for judicial review through legal representation.

It's important to note that this process does not guarantee success but it allows individuals another chance at having their case reviewed. It's always best to seek professional advice before applying for an administrative review as well as exploring other available options if necessary.

How can a solicitor helps?

A solicitor can be of great help when it comes to the administrative review process. Their expertise in immigration law and knowledge of the legal system can prove invaluable in ensuring a successful outcome.

Firstly, a solicitor can assess whether or not an administrative review is the best course of action for your case. They will look at all available options and advise you on the most appropriate route to take.

If an administrative review is deemed necessary, a solicitor can guide you through the application process, ensuring that all required documents are submitted correctly and within deadlines. They may also be able to identify any weaknesses in your original application which could be addressed during this stage.

In cases where an administrative review is unsuccessful, a solicitor can advise on further steps such as appealing to a higher court or applying for judicial review. In addition, they may provide representation during these stages if necessary.

Having a knowledgeable and experienced solicitor by your side throughout the administrative review process can greatly increase your chances of success.

About Us 

At TMC solicitors, we offer a wide range of services to help clients navigate through the complex UK immigration system. Our team of experienced solicitors can provide you with expert advice and assistance on various aspects of UK immigration law.

One of our primary services is appeals. If your visa application has been refused, our solicitors can represent you in an appeal before the First-tier Tribunal or Upper Tribunal. We will review your case thoroughly and work tirelessly to present compelling arguments that support your appeal.

We also provide advice and representation for judicial reviews, which are legal challenges against decisions made by public bodies such as the Home Office. Our solicitors have extensive knowledge and experience in this area of law, ensuring that you receive high-quality representation throughout the process.

In addition to these services, we also assist with applications for visas, citizenships and permanent residency in the UK. We understand how important these applications are for individuals seeking to enter or remain in the country legally – that's why we strive to ensure all applications are prepared accurately and efficiently.

Our team also provides support with sponsorship license applications, audits compliance checks for employers wishing to hire non-EEA nationals; asylum claims; human rights cases and more.

Whatever your immigration needs may be, we are here to help guide you every step of the way towards achieving a successful outcome.

Conclusion

To summarise, an administrative review is a way for individuals to challenge immigration decisions made by the Home Office in the UK. It allows them to have their cases reviewed and potentially overturned if there was an error or mistake made during the initial decision-making process.

There are different types of administrative reviews available depending on the type of visa application and reason for refusal. It's important to understand which one applies to your case before applying.

Anyone who has had their visa application refused or received a negative decision from the Home Office can apply for an administrative review. The deadline for applying is strict so it's important to act quickly.

Having a solicitor assist with your administrative review can greatly improve your chances of success. They know how to navigate the complex legal system and can provide valuable expertise and guidance throughout the process.

Understanding how an administrative review works is crucial if you want to challenge a negative immigration decision in the UK. By following proper procedures and seeking professional help when needed, you can increase your chances of having your case successfully overturned.

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