Our Immigration Solicitors and Barristers recently received the brilliant news that a client’s (the Applicant) Administrative Review application had been successful. In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding his Administrative Review application. Our solicitors knew from the onset that this was going to be a difficult Administrative Review application as the Applicant had breached some of the conditions of his ECAA Turkish Businessperson Visa. However, it was also clear that the Home Office failed to exercise its evidential flexibility policy provided under the paragraph 245AA of the Immigration Rules. After consulting our Immigration Solicitors and Barristers, the Applicant decided to instruct us with the Administrative Review application.
The Case for an Administrative Review Application
The Applicant was a Turkish national residing and working in the UK on the ECAA Turkish Businessperson Visa. Prior to his ECAA Turkish Businessperson Visa the Applicant had studied in the UK on a Tier 4 Student visa and had no previous adverse immigration history. The Applicant’s application to extend his Leave to Remain in the under the ECAA Turkish Businessperson Visa was refused on the basis that he had breached his visa conditions by undertaking employment, which he was not permitted to do on an ECAA Turkish Businessperson Visa. However, our Immigration Solicitors and Barristers identified case working errors in the Home Office’s decision to refuse the Applicant’s application for an extension of his ECAA Turkish Businessperson Visa.
As a result, our Immigration Solicitors and Barristers applied for Administrative Review of the Home Office’s decision based on the case working errors identified and received the good news that the Applicant’s Administrative Review was successful and the Home Office’s decision was overturned.
Should I Make an Administrative Review Application?
The common misconception about the Administrative Review application is that this internal appeal mechanism can be used to challenge any Home Office decision. However, a right of Administrative Review is allowed for qualified Home Office decisions, which mainly include Points Based System applications. The purpose of the Administrative Review application is to challenge a Home Office decision where they have been a single or series of case working errors made by the Home Office Decisionmaker. It is very important to note that, save for very limited circumstances, Applicants cannot rely on new evidence in an Administrative Review application and that it can only be considered with the evidence that was before the Home Office Decisionmaker at the time the Home Office made their decision. It not uncommon for Applicants to confuse an Administrative Review application with an appeal application, where Applicants are able to rely on new evidence.
Who has the right to apply for an Administrative Review Application?
The first step in submitting an Administrative Review application is to determine whether you have an “eligible decision” An eligible decision is one which is made on an out-of-country Tier 4 Application or in-country Points Based System application such as Tier 1 Entrepreneur, Tier 1 Investor, Tier 2 and Tier 5 applications. In addition to this, in-country applications made on or after 6 April 2017 are also eligible decisions. Applicants may submit an Administrative Review application where:
- The Applicant suspects that the decision is based on a significant case working errors which has had a huge impact on the original decision;
- The case working errors have an unfair impact on an Applicant’s future applications. An example of this is where the Home Office allege that forged documents were submitted with a UK Visas and Immigration application or false representations were made. The alleged claim could potentially have a huge impact on future applications if not their rebutted.
Where a Home Office decision is not eligible for an Administrative Review application, Applicants may wish to consider a possible Immigration Judicial Review Claim. However, it is important that Applicants take detailed advice from expert Immigration Solicitors and Barristers before commencing an Immigration Judicial Review Claim as there can be severe costs consequences for bringing an improper Immigration Judicial Review Claim.
Outcomes of a Successful Administrative Review Application
The benefit of submitting an Administrative Review application is that it will overturn an incorrect Home Office decision. The Administrative Review is carried out by a Senior Caseworker of the Home Office who is on an independent team, so if there has been a case working error it will be identified immediately and the decision will be overturned. Applicants who apply for an Administrative Review application will continue to have Immigration Leave as long as their initial application was submitted within the expiry of their last valid leave to remain in the UK. It is important to note that Applicants who apply for an Administrative Review cannot make a fresh application at the same time.
Using Legal Representation to Submit an Administrative Review Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Administrative Review application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for an Administrative Review application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your Administrative Review application meets the Immigration Rules.
Successfully Apply for an Administrative Review Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Administrative Review application before your Administrative Review application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Administrative Review application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Administrative Review application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.