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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.
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:
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.