What is an Administrative Review?
Administrative Review is a way to challenge the decision of the Home Office, appealing against a visa rejection decision. However, it is important to note that you cannot submit any new evidence in order to challenge the decision or fulfil the shortcomings at the time of the application.
Administrative Review from outside the UK
The refusal letter would state that you can ask for the decision on your visa application to be reviewed. This means that you can apply for an ‘administrative review’ subject to the following conditions being fulfilled:
- Your application was refused on or after 6 April 2015
- You’re outside the UK and applied from there
- You have no right of appeal against the refusal
- You didn’t make an application as a visitor or a short term student
An administrative review can be sought within 28 days of getting the refusal decision. The decision will be revisited for the errors pointed out in the review application. No new information or documents will be admissible for review, unless you’ve been asked to submit them.
The result of the administrative review will be communicated to you within 28 days. You can’t request a second review (unless the result of the first review found new reasons why you were refused).
Administrative Review from inside the UK
If you have not been granted right of appeal, you can then seek administrative review from inside the UK.
The time limit to apply for an administrative review is within 14 days of getting the decision. If you’ve been detained, apply within 7 days. The cost is £80.
The result of the administrative review will be communicated to you within 28 days. A second review is not permissible (unless the result included new reasons why you were refused).
Even if your visa has expired, you won’t usually be removed from the UK until the outcome of your review has been decided.
Other Administrative Review Circumstances
If your visa was cancelled at the border
You can ask for the decision to be reviewed if your visa was cancelled at the border for one or more of the following reasons:
- There has been a change in your circumstances
- You gave false information
- You failed to include relevant facts in the application
If you were given temporary admission to the UK
The time limit to apply for an administrative review is 14 days of getting the decision. If you’ve been detained, apply within 7 days. You need to do this from the UK.
If your visa was cancelled at border controls outside the UK
An administrative review within 28 days of your visa cancellation can be sought in any of the following cities:
The result of the administrative review will be communicated to you within 28 days. Note that you can’t request a second review (unless the result of the first review found new reasons why you were refused).
If you’re in the UK, you won’t usually be removed until decision on your review has arrived.