Right to Administrative Review following UK Home Office Refusal Decision
December 13 2016
Since the introduction of the Administrative Review process applications refused under the Points Based System (PBS), can only be challenged by Administrative Review on the grounds of fundamental case working errors. Upon review, if the Home Office consider the refusal decision to be incorrect due to a case working error it is likely that the refusal decision would be overturned. Under the updated Immigration Rules Appendix AR, it has been made clear in some circumstances new evidence which was not previously submitted with the application may be relied upon and considered in the Administrative Review.
Administrative Review of UK Home Office Refusal Decision
In theory, the Administrative Review process protects Applicants from incompetent case workers who incorrectly refuse applications. You can request the Home Office to rectify a case working error by submitting an Administrative Review. If you are currently outside the UK, you will only be permitted to submit an Administrative Review if ALL of the following apply;
- Your application was refused on or after 6 April 2015;
- You are outside the UK and you applied outside the UK; and
- You don’t have a right of appeal.
All Administrative Reviews from outside the UK must be submitted within 28 days of getting the original decision whereas in-country Administrative Reviews must be submitted within 14 days of getting the original decision. Once you have submitted an Administrative Review you should not make any other immigration or visa application, ask for your passport or leave the UK (for in-country reviews) as participating in any of these will invalidate your request for an Administrative Review.
UK Home Office case working error in the Refusal Decision
A case working error under the Immigration rules AR 2.11 is where
the original decision maker’s decision to:
- (i) refuse an application on the basis of paragraph 320(7A), 320(7B), 322(1A) or 322(2) of these Rules; or
- (ii) cancel leave to enter or remain which is in force under paragraph 321A(2) of these Rules; or
- (iii) cancel leave to enter or remain which is in force under paragraph V9.4 of Appendix V of these Rules; or
- (iv) refuse an application of the type specified in paragraph AR3.2(d) of these Rules on grounds of deception,
- was incorrect.
A case working error could also potentially arise where a decision maker has not requested for specified documents under Paragraph 245 AA of the Immigration Rules and has incorrectly applied the Immigration Rules correctly or has failed to apply the Secretary of State’s relevant policy and Guidance.
Evidence considered in the Administrative Review of the Refusal Decision
Firstly the Refusal Decision will be reviewed to establish whether there has been a case working error. Following this the Administrative Review process will begin, in the vast majority of cases new evidence will not be considered except where:
- The evidence demonstrates that a case working error has occurred as defined under Paragraph AR 2.11 (A) (B) (C); or
- The evidence demonstrates that the refusal under paragraph 322 (2) of the immigration rules was a case working error and the Applicant has not previously served a decision to:
refuse or revoke an application for entry clearance, leave to enter or leave to remain in the UK; or
cancel or curtail enter or leave to remain; or remove a person from the UK resulting in cancelling leave to enter or remain in the UK.
In some scenarios where a reviewer has identified a case working error under paragraph AR 2.11 of the immigration appendix AR, the reviewer may contact the Applicant or the representative to request for additional evidence on the case working error, which should then be forwarded to reviewer within 7 working days. The additional evidence will assist the reviewer to decide whether to overturn or uphold the Refusal Decision. The Administrative Review will be reviewed by a different person or an independent team but it is usually carried out by an Administrative Review Manager.
Successful Administrative Review against UK Home Office Refusal Decision
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02071830570. You can also reach us via our contact form.
The articles published on this website, current at the date of posting, are for reference purposes only and do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.
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