Receiving a decision from the Home Office refusing your leave to enter or leave to remain in the UK can be disheartening. However, it’s important to know that you may have the right to challenge this decision through an administrative review. This blog post provides valuable information about administrative reviews, including the application process, types of errors that can be raised, fees, and prospects of success.
It’s crucial to adhere to these timeframes to ensure your application is considered.
It’s important to note that making a new application while the administrative review is pending will be considered a withdrawal of the review application.
The purpose of an administrative review is to correct Home Office caseworker errors made during the decision-making process. The review is not intended to consider changes in your circumstances after the decision.
- Incorrect original decision.
- Wrongly refusing an application based on application date exceeding time limits.
- Misapplication of the Immigration Rules.
- Failure to apply the Secretary of State’s published policy and guidance.
- Error in calculating the correct period or conditions of immigration leave.
If the original caseworker made an error in assessing your credibility, you can apply for an administrative review. The Home Office considers the information supplied with the application, any conducted interviews, and the caseworker’s reasoning.
The review focuses on whether it’s more likely than not that the original decision on credibility was correct based on the evidence and facts available.
The review does not involve remaking the decision but rather assessing whether the rules and guidelines were correctly applied.
The fee for an administrative review application is £80 (not including fees for legal assistance), payable online. Dependents do not incur an additional fee.
Exemptions apply if you were exempt from paying a visa application fee or if you previously applied for administrative review for the same application, resulting in the maintenance of the original decision.
Fee waivers may also be granted in exceptional circumstances.
Success in an administrative review relies on demonstrating a caseworker error at the time of the application. Providing compelling evidence of the error is crucial.
However, if your application relies on new information or fails to establish a casework error, your chances of success may be diminished.
Applying for an administrative review can be a means to challenge a Home Office decision that you believe to be incorrect.
It’s essential to adhere to the application deadlines, raise valid errors, and consider seeking legal representation for guidance. While success is not guaranteed, presenting a strong case can increase your prospects of having the decision overturned and obtaining the desired leave to enter or leave to remain in the UK.
How can Buckingham Legal Associates Help?
If you are dealing with an immigration case in the UK (United Kingdom), it is important to consider hiring our experts to assist you. Here are some reasons why:
Dealing with an immigration case can be stressful and overwhelming. Instructing us can help alleviate some of that stress and give you peace of mind knowing that a professional is handling your case.
At Buckingham Legal Associates have the knowledge and expertise to navigate the complex and constantly changing UK immigration system. We can help you understand your options and advise you on the best course of action.
Filling out immigration paperwork can be confusing, and mistakes can have serious consequences. Our experts can help you avoid errors that could delay or even jeopardize your case.
If your case ends up in court, we can provide legal representation and advocate on your behalf.
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Better chance of success:
Hiring our experts may increase your chances of success. We can help you present a stronger case and provide supporting evidence.