What do you need to know?
Administrative Review Application
As of October 2014, you will no longer have the right to appeal directly to the Home Office where you may feel that the decision maker has erroded in law or facts where your application is concerned.
You will know whether your application has been refused in writing by the Home Office. The letter will also indicate clearly in writing whether or not you have been offered the opportunity for the refusal decision to be “administratively reviewed” (AR).
Administrative Review process is provided for in the Administrative Review Immigration Rules (ARIR) in HC693; rules 34L-34Y which defines the procedures such as time limit, form and fee, and Appendix AR explains the scope of the remedy.
It is important to note that you must be realistic as to how the new rules are likely to be interpreted by the Home Office.
Your application is likely to succeed where unequivocal evidence that was previously supplied on an application by you, can be assessed again.
Features of pro are :-
1. Paragraph 34L provides that a written notice of an eligible decision must be given. As with an appealable decision under the Immigration (Notice) regulations 2003, a refusal must be accompanied by a statement of reasons and information about how to appeal for administrative review, including time limit. A refusal that does not do this will be invalid and you/applicant could argue that they should receive a fresh notice of an eligible decision.
2. Only 1 valid application for administrative review may be made in respect of an eligible decision, unless the administrative does not succeed, but for different or additional reasons to those specified in the decision under review (34N(2)); in such a case, there may a further application (AR2.2(d)).
3. The application must be made in the relevant location-whilst the application remains in the United Kingdom in relation to “in country” refusals, whilst they remain abroad vis-a-vis entry clearance applications, and whilst they remain here if it is a decision made on your arrival, though no application may be bought whilst you remain in the col one (of the channel tunnel).
4. Dependants can be included in the AR Application where they were dependants on the application which resulted in the eligible decision (34S).
5. The application must be made accordance with 34U if made on line, or 34V if made by post. The guidance states that Tier 4 applications must be made on line.
6. An application will be treated as withdrawn on the Applicant’s notice to such an effect, or if you request the return of your passport for the purpose of travelling outside the United Kingdom (34X).
7. Where you make the application on line, the specified fee must be paid. Any section on the on line application where requires a mandatory response must be completed or in the related guidance must be submitted the specified manner (34U).
8. The Home Office will give notice of invalidity informing an applicant that their application is invalid.
What is the Government Cost involved in making an application?
The current is £80.00 (Schedule 6 of Immigration and Nationality Cost recovery Fees) (Amendment) Regulations 2014.
Who can apply for Administrative Review?
If you make this application on or after the relevant date expires and you have received an ‘eligible decision’, you may apply for an administrative review. In simple terms, if you have made an application to the Home Office and your application is refused, the Home Office may give you the right to administrative review.
Asking us to represent you at the Home Office to carry out the administrative review process?
We will be looking to see your immigration problem, and whether it raises an eligible decision, in other words we will be looking to find something in your application which can be subject to administrative review process.
If in the circumstances we find circumstances where a compliant involves a “case working error” we would consider this to be an effectively a ground of appeal. As we are not licenced to undertake appeal work, we are happy to sign post you to an advisor that is.
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