Administrative Review Overview
Administrative Review (AR) is available where a decision has been made by the Home Office to refuse a visa application or to refuse to vary leave to remain, and there is no right of appeal against that decision. It allows the applicant to ask the Home Office to reconsider the decision on the basis that an error was made.
When Is Administrative Review Available?
Administrative Review is available in a number of circumstances, including:
- Refusal of a points-based system application (e.g. Skilled Worker, Student)
- Refusal of an in-country application for leave to remain where there is no right of appeal
- Refusal at the border in certain circumstances
- Refusal of certain other immigration applications
Grounds for Administrative Review
Administrative Review can only be sought on the basis that the decision-maker made a caseworking error. This includes:
- Factual errors in the assessment of the application
- Failure to consider relevant evidence submitted with the application
- Applying the wrong Immigration Rules provision
- Misapplying the applicable Rules or guidance
Administrative Review is not an opportunity to submit new evidence or to make fresh arguments that were not raised in the original application. This is an important distinction from an appeal.
Time Limits
Administrative Review must be requested within strict time limits following the refusal decision. The time limit is generally 14 days for in-country decisions and 28 days for out-of-country decisions, though specific limits apply in different contexts. Missing the deadline may result in the AR being rejected as out of time.
How Britlaw Can Help
Britlaw Solicitors advises on whether Administrative Review is available in your circumstances, assesses the grounds for review, and prepares the AR request. We identify the specific caseworking errors and present the grounds for review clearly and comprehensively.