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© Pathfynder Limited 2017. Pathfynder Solicitors is a trading name of Pathfynder Limited, a company registered in England and Wales with company registration number 10170947. The registered address is King House, 5-11 Westbourne Grove, London, W2 4UA. Authorised and regulated by the Solicitors Regulation Authority, SRA No. 629672.




Pathfynder Administrative Review

26 Aug 2016

Administrative Review is one of the processes available to challenge a decision taken by UKVI to refuse a visa application.

Unlike an Immigration Appeal, the process of Administrative Review is undertaken by UKVI itself instead of an Immigration Judge. What this means is that during the Administrative Review, UKVI will consider whether a decision it took was wrong due to a case working error it made. Although one could question the impartiality of such a process, amongst other things, it is now in place as a remedy to unsuccessful visa applicants.


Administrative Review

Eligibility for Administrative Review

It is important to note that not every immigration decision is eligible to be considered under the Administrative Review procedure. Whilst some types of decisions are reserved for alternative remedies such as an Immigration Appeal, and in the absence of an alternative remedy; Judicial Review, the following are now covered by Administrative Review:

  1. an application for leave to remain as a Tier 4 (General) migrant or as a Tier 4 (General) migrant’s partner or child, which was made on or after 20 October 2014.
  2. an application for leave to remain under Tier 1, Tier 2 or Tier 5 or as their partner or child, which was made on or after 2 March 2015.
  3. a decision made on or after 6 April 2015 on an application for leave to remain in a category covered by the Immigration Rules HC 395 (as amended) excluding the following categories:
  1. a decision made on or after 6 April 2015 on an application for leave to remain by a Turkish national or their family member pursuant to certain rights arising from the Ankara Agreement.
  2. a decision made on or after 6 April 2015 to cancel leave to enter or remain due to a change in the holder’s circumstances or due to the holder having used deception to obtain the leave in question.
  3. a decision made on or after 6 April 2015 to refuse an application for entry clearance in a category covered by the Immigration Rules excluding the following categories:

Upgrade Administrative Reviews

Administrative Review is not only available to challenge unsuccessful applications. Where an application has been successful but the type or duration of the leave granted is disputed, it is possible to bring an Administrative Review in some cases with a view to upgrade that leave.

If you would like to discuss your options following an immigration decision, please feel free to contact us.


Please note that this article is for information only and should not be taken as legal and/or financial advice. Immigration law changes regularly and it may be the case that this page has not been updated to take into account the latest changes. If you would like advice on your personal circumstances, please feel free to contact us.