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Blackstone Law Associates

Following the introduction of the Immigration Act 2014, applicants who apply under Tier 1, Tier 2, Tier 4 and Tier 5 of the points-based system no longer enjoy a full right of appeal. Where the initial application includes a human rights claim, it is still technically possible to challenge any refusal of a points-based application on human rights grounds.

However, the instances in which this will offer an effective remedy are likely to be few and far between. For most unsuccessful points-based system applicants therefore, the only option will be to apply for Administrative Review of the refusal decision by an official acting on behalf of the Secretary of State.

What is administrative review?

According to paragraph AR2.1 of Appendix AR to the Immigration Rules:

‘Administrative review is the review of an eligible decision to decide whether the decision is wrong due to a case working error.’

It is possible for a person faced with a refusal under Tier 1, Tier 2, Tier 4 or Tier 5 to apply for Administrative Review of a refusal of an application provided that the refusal decision is a ‘eligible decision’ and it is alleged that a case working error has occurred.

What is an eligible decision?

An eligible decision (listed in paragraph AR3.2 of Appendix AR) is either a decision to refuse an application to leave to remain or a decision to grant leave to remain where a review is requested of the period or condition of leave granted.

What is a case working error?

The Immigration Rules provide a complete list of case working errors, which include:

  •  Where the original decision maker applied the wrong Immigration Rules;
  •  Where the original decision maker applied the Immigration Rules incorrectly;
  •  Where the original decision maker incorrectly added up the points to be awarded under the Immigration Rules;
  •  Where there has been an error in calculating the correct period of immigration leave either held or to be granted;
  •  Where the original decision maker has not considered all the evidence that was submitted as evidenced in the eligible decision;
  •  Where the original decision maker has considered some or all of the evidence submitted incorrectly as evidenced in the eligible decision;
  •  Where the Immigration Rules provide for the original decision maker to consider the credibility of the applicant in deciding the application and the original decision maker has reached an unreasonable decision on the credibility of the applicant;
  •  Where the original decision maker’s decision to refuse an application on the basis that the supporting documents were not genuine was incorrect;
  •  Where the original decision maker’s decision to refuse an application on the basis that the supporting documents did not meet the requirements of the Immigration Rules was incorrect;
  •  Where the original decision maker has incorrectly refused an application on the basis that it was made more than 28 days after leave expired; and
  •  Where the original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application.”

Applicants can only apply for Administrative Review on the above mentioned grounds. The decision will be reviewed to establish whether there is a case working error, either as identified in the application for Administrative Review, or identified by the reviewer in the course of conducting the Administrative Review.

Section 3C leave while applying for administrative review

An applicant’s leave will be extended under Section 3C of the Immigration Act 1971 if, following refusal of their application, they are eligible to make an application for Administrative Review.

If the applicant does not make a request for Administrative Review following an eligible refusal decision, their s.3C leave will end on the last day on which they could have made an in-time application. If the applicant does make an in-time Administrative Review application, their leave will be further extended under s.3C while their Administrative Review is pending.

Outcome of Administrative Review

The outcome of an Administrative Review application will be:

  • Administrative review succeeds and the eligible decision is withdrawn; or
  • Administrative review does not succeed and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
  • Administrative review does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
  • Administrative review does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.

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 or a short-term student

How to apply

  • You must apply for an administrative review within 28 days of getting the decision.
  • You’ll either get the administrative review application form with your application refusal letter, or you’ll be asked to download it.

When you get the form, you must:

  • enter the reasons for refusal that are on your decision letter, and say why you think a mistake was made
  • send your completed form in the method the application refusal letter suggests (by email, post or in person)

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

Need a legal advice?

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

Why choose Blackstone Law Associates?

Competitive Fixed Pricing

We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter.

Dedicated Lawyer with Direct Access

You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.

Expert Advice

Immigration laws in the UK change frequently. Our team of lawyers are trained and are kept up to date on all the latest developments. We have a combined wealth of knowledge and experience. Our expert immigration lawyers can provide advice and the best possible option available for you.

Highest Success Rate

We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.

What to do next?

To arrange a free initial consultation

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