What is Administrative Review?
Here at Westkin Immigration Lawyers London, we often have clients who believe their application for entry clearance under the point-based system has been refused by the UKBA due to an error they made. In this situation, the client is not entitled to a full right of appeal. However the individual has the option of requesting a review of the refusal decision. This process is known as an Administrative Review. An example where Administrative Review may be required is to check if claimed points were assessed correctly. Our leading Immigration Lawyers have great experience in winning Administrative Review requests.
It is important to note that Administrative Reviews only apply to those outside of the UK who are trying to gain entry.
Applicants are entitled to an Administrative Review but it is important to note that there is a limited amount of days within which the request for it must be made. The request must be made within 28 days. This starts from the date the applicant receives a notice of refusal. An Administrative Review Request Notice is sent with the Refusal Notice. The Request Notice must be completed in full and sent off to the address on the notice. Applicants are not required to send other documents such as passports along with the Administrative Review Request Notice. Passports will only be requested if the refusal decision is changed.
Our Best Immigration Lawyers London advise clients to make the application within the 28 day period, in order to appeal the refusal using Administrative Review. However, if the application is received late by the UKBA, the administrative reviewer will take into consideration circumstances that are exceptional.
Applicants of an Administrative Review can only request one for each Points Based System refusal. It is only possible to have further applications if new grounds of refusal have been raised. The applicant can then request an Administrative Review of these new grounds of refusal. The Administrative review is conducted by an Entry Clearance Manager.
How Long Does The Administrative Review Take?
Upon receiving the Administrative Review Request Notice, the administrative reviewer will finalise their review and give notice of their decision in writing to the applicant within 28 days. A decision could be delayed if exceptional circumstances occur on the side of the administrative reviewer. The applicant will be notified of when to expect the decision in writing.
When reviewing an applicant’s Administrative Review request, a thorough examination of the evidence submitted with the original application will be done. New evidence may be required from the applicant or a third party. This will be related to the original entry clearance application. Our experienced immigration Lawyers London will make sure your request is dealt with as swift as possible.
How Are Administrative Review Decisions Made
All aspects of the refusal will be reviewed by the administrative reviewer not just the part of refusal that has been requested by the applicant. Some areas the administrator checks include:
- The correct amount of points have been awarded
- A correct assessment of documents
- A proper verification check has been carried out
The administrative reviewer may recommend a reversal of the refusal decision if they find that the ECO (Entry Clearance Officer):
- Did not consider evidence submitted with original application properly
- Made errors in processing the visa application
- Failed to apply Immigration Rules correctly
- Did not give sufficient reasons for refusing entry clearance. If this occurs, the administrative reviewer will recommend the ECO serve a new refusal notice including an explanation in full.
Administrative Review also covers refusal cases where an applicant claims they were unaware of the use of false documents or a false representation was made. The refusal will still stand but the applicant must prove they had no knowledge of the use of false documents or false representation, if they do not want future applications to be automatically refused for 10 years. Our Administrative Review Immigration Lawyers have vast experience in such cases and will assist clients in gathering the necessary documents needed to prove their case.
Possible Outcomes of Administrative Review
An Application for an Administrative Review has three possible outcomes:
- Decision is upheld based on the same reasons
- Decision is upheld with new reasons for refusal
- Decision is overturned and entry clearance is issued
At Westkin, our aim is to make the third outcome the ONLY outcome. Our Immigration Lawyers are guaranteed to try their utmost to make this happen.
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