Administrative Review (AR) Of Home Office, UKVI Refusal Decision
An Administrative Review (AR) is a review or reconsideration of your immigration application following refusal of the same by the Home Office UKVI. Refusal of certain immigration applications known as eligible decisions can only be challenged by way of Administrative Review (AR). If you think that the Home Office, UKVI has made a mistake about the result of your application to remain in the UK or in refusing you entry to the UK at the border you can ask the Home Office UKVI to review the decision.
This review will be done by a different UKVI official, but using the same documents and facts sent with your original immigration application unless the refusal of the application was under the EU Settlement Scheme in which case you can send new or fresh evidence to be considered by the Home Office UKVI in Administrative Review.
If decision to refuse your immigration application is maintained following an Administrative Review (AR), you then have the legal remedy to challenge the immigration decision further by way of Pre-Action Protocol (PAP) For Judicial Review (JR) Against Home Office UKVI and Judicial Review (JR) In The Upper Tribunal (UT).
Administrative Review (AR) Against Refusal Of Entry Clearance Applications
By virtue of Immigration Act 2014, the Home Office, UKVI have removed right of Entry Clearance Appeal against refusal of certain entry clearance applications made from outside the UK. The applicant in such cases has been given a right to seek Administrative Review (AR) against the refusal of the entry clearance application. A person who has received an ‘eligible decision’ on an entry clearance application may apply for an Administrative Review (AR). If the Entry Clearance Officer (ECO) has refused your entry clearance application, the decision notice will tell you if you can apply for an Administrative Review (AR) and how to apply.
The applicant must apply using the application form provided with their decision notice. You’ll either get the administrative review application form with your application refusal letter, or you’ll be asked to download it. The decision notice will tell the applicant how to make the application. There is currently no fee for an overseas Administrative Review (AR). The Administrative Review (AR) will be carried out by Entry Clearance Manager (ECM). An Administrative Review (AR) against the refusal of the application must be filed within 28 calendar days from the date of refusal letter from the Entry Clearance Officer (ECO).
If an IHS has been paid and the application was refused with a right of administrative review, the IHS will not be refunded during the period when an:
- in time Administrative Review (AR) may be made
- Administrative Review (AR) is under consideration
If an IHS has been paid and the application was approved, but for a shorter period than applied for, the IHS will be refunded for the years of leave which were not granted. If the migrant makes an Administrative Review (AR) application and is granted an extra period of leave as a result, they must then pay the extra IHS.
If your request for Administrative Review (AR) is refused by the Home Office, UKVI and the refusal is maintained by the Entry Clearance Manager (ECM), you have the option to challenge the refusal further by way of Pre-Action Protocol (PAP) For Judicial Review (JR) and Judicial Review (JR) In The Upper Tribunal (UT).
Administrative Review (AR) Of In-Country Applications
By virtue of Immigration Act 2014, the Home Office, UKVI have removed right of in-country appeal to the First Tier Tribunal against refusal of certain applications made from inside the UK. The applicant in such cases has been given a right to seek Administrative Review (AR) against the refusal of the application. A request for an Administrative Review (AR) must be made to the Home Office, UK Visas & Immigration (UKVI) within 14 days (28 days if the refusal is under the EU Settlement Scheme) of the date of the receipt of the refusal letter.
If the Home Office has refused an application involving an eligible decision, the decision notice will tell the applicant if they can apply for administrative review. Also, if the applicant’s application is successful but the applicant thinks the Home Office has granted the wrong period or conditions of immigration leave they can apply for an administrative review.
You can apply for Administrative Review Online. There is a fee of £80 for an administrative review. The Administrative must be filed within 14 days (28 days if the refusal is under the EU Settlement Scheme) from the date of receipt of the UKVI refusal letter. The review will be done by a different person, but using the same documents and facts sent with your original application. If the result of the review is that the Home Office withdraws its original decision and grants you leave to remain in the UK (permission to stay), your fee paid for Administrative Review (AR) will be refunded. You should get a decision within 28 calendar days. The Home Office, UKVI will write to you if they think it will take longer. You cannot be removed from the UK whilst your request for Administrative Review (AR) is pending consideration with the Home Office, UKVI.
Which Immigration Decisions Can Be Challenged By Way Of An Administrative Review (AR)?
A person who has received an ‘eligible decision’ on an entry clearance application may apply for an Administrative Review (AR). According to Appendix AR:Administrative Review to the Immigration Rules, the Administrative Review (AR) right is available in case of refusal of the applications below:
