The new Immigration Bill intends to remove the right of appeal for applicants who wish to challenge an immigration decision in relation to their Points Based Application. Instead, applicants will be given the right to apply for administrative review which would involve looking at whether their claimed points were correctly assessed by the Entry Clearance Officer. As per the new Statement of Intent, the Home Office wish to introduce Administrative Review for in country points based applications.
What is the Administrative Review Process
Currently, Administrative Review is a prerogative that must be made within 28 days from the date the applicant has received the refusal notice. The Administrative Review will be conducted by an Entry Clearance Manager; the result may come from an entry clearance post that did not consider the original entry clearance application. If your application has been refused under the point based system, and you believe that the decision is wrong, you can apply for an Administrative Review. Applicants can only request an Administrative Review per refusal. You cannot request more than one review for the same refusal decision, unless the Administrative Review is refused based on different refusal grounds to the original refusal notice.
If the applicant has further information, documents, other paper work or new information that they did not submit with the original application – this does not mean they are eligible for an Administrative Review, they have to make a new application and pay the fitting fee.
Is Administrative Review A Success?
It has been suggested in the new Immigration bill that ‘Administrative Review’ should replace rights of appeal. According to government’s figures the Immigration appeals have almost a 50% success rate.
According to a Freedom of Information request by a member of the Free Movement blog, found that in the last year between July 2012 and June 2013, 6096 Administrative reviews were resolved and 1,077 out of that were retracted. This represents a proportion of 18%. It has been argued by some that this could be the reason why the government wish to abolish rights of appeal. It has also been argued that this is the government want to diminish judicial review as an approach.
Have you had your Points Based Application Refused?
If your application under the points based system (Tiers 1, 2, 4 or 5) has been refused, contact us and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result.
Contact us to discuss your immigration situation and we will assess your case and provide you with options of having your immigration decision administrative reviewed.