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UK Immigration Appeals and Admin Reviews


Immigration Appeal

Immigration appeals are usually necessary when an entry clearance application for a UK visa has been refused. Appeals are usually made to the First Tier Tribunal within 28 days of receiving the refusal letter from the Home Office.

Furthermore, for UK residents whose application to extend their stay in the UK has been refused, they are able to appeal to the First Tier Tribunal against refusals. However, they must do so within 14 days from the date of refusal.

It is important to note that in the event that immigration appeals are dismissed at the First Tier Tribunal by an Immigration Judge, you will be able to file another application to the First Tier Tribunal requesting for permission to appeal to the upper tribunal. It is also important to note that applications to the First Tier tribunal requesting for permission to appeal to the upper tribunal must be made within 14 days of the appellant is resident in the UK. If the applicant is resident outside the UK, the request for permission to appeal to the upper tribunal must be made within 28 days of the dismissal. Importantly, such applications are usually made on the grounds that an error was made by the immigration judge at the First tribunal who determined the appeal and that the Judge has made a material error of law in the determination of the appeal.

It is also important to note that if your appeal is allowed, the Home office can in like manner make an application to the First Tier tribunal challenging the decisions of the Immigration judge; that the immigration judge had made an error of law in the determination of the appeal.

Where an application to the First Tier tribunal for permission to appeal is refused by the First Tier Tribunal, you will be able to submit an application to the Upper Tribunal for permission to appeal to the Upper Tribunal. You must do so within 14 if you are appealing from inside the UK and within 28 days of the refusal if you are appealing from outside the UK.

If your permission to appeal has been granted, your matter will be listed for hearing (appeal hearing). The purpose would be to decide if there was in actual sense a material error of law in regards to the original decision.

Where the appeal is dismissed by the upper tribunal, you may yet be able to file another application to the Upper Tribunal for permission to appeal to the courts of appeal. If the upper tribunal refuses your application to appeal, you are still within your rights to apply to the Court of Appeal itself seeking permission to appeal to the Court of Appeal. If this is granted, your matter will be heard.

Administrative Review

Administrative reviews are basically for Point based system (PBS) visa application refusals.

Administrative Review Against Refusal of Entry Clearance Application As PBS Migrants

For Entry Clearance applications refused under the Point Based System, the applicant will normally have the right to apply for an administrative review. This means that you apply to the Entry clearance officer to review the decision(s) that have been made by the Entry Clearance Officer. An administrative review application should be made within 28 days from the date of refusal. Administrative reviews are usually carried out by the Entry Clearance Manager (ECM), basically having a second look at the decision made by the Entry clearance officer (ECO).

It is important to that it is possible that the decision of the Entry Clearance Officer is maintained by the Entry Clearance Manager. In such cases, the application is within his rights to apply to challenge the refusal using the option of a ‘Judicial review’. A judicial review is used to challenge the decision of the Entry clearance manager. A judicial review application must be made 90 days from the date of refusal.

Admin Review against review of an In-country Refusal by the Home Office

In the event that an 'eligible decision' based on Appendix AR of the Immigration Rules is made, an admin review may be sought. Rights of appeals in this case will no longer be allowed as a result of changes to the rules on appeals. The changes now mean that only 'eligible decisions' will not be reviewed under the administrative review process.

Furthermore, as a result of the Immigration Act of 2014, the Home Office, not all refusals can now be appealed against from inside the UK. In these cases, the applicant would be given a right to proceed with an administrative review against the refusal. The admin review request must be made to the within 14 days of receiving the refusal letter. If the applicant is detained, the admin review application must be made within 7 days after the refusal.

It is important to note that administrative reviews seek to determine whether or not an error has been made in an 'eligible decision'.

Administrative review is available against the refusal of following applications:

  • Refusal of Tier 4 General student application submitted on or after 20 October 2014;
  • Refusal of Tier 1 General extension application submitted on or after 2 March 2015
  • Refusal of Tier 1 Entrepreneur application submitted on or after 2 March 2015
  • Refusal of Tier 1 Investor application submitted on or after 2 March 2015
  • Refusal of Tier 1 Exceptional Talent application submitted on or after 2 March 2015
  • Refusal of Tier 2 General application submitted on or after 2 March 2015
  • Refusal of Tier 2 ICT application submitted on or after 2 March 2015
  • Refusal of Tier 2 Minister of Religion application submitted on or after 2 March 2015
  • Refusal of Tier 2 Sportsperson application submitted on or after 2 March 2015
  • Refusal of all Tier 5 Applications submitted on or after 2 March 2015

From 6 April 2015, the appeal rights against refusal of applications have been limited further by virtue of Immigration Act 2014 and a person will only be entitled to appeal against:

  • Refusal of a human rights claim
  • Refusal of a protection claim, namely a claim for refugee or for humanitarian protection status
  • Revocation of protection status.

How Reiss Edwards Can help in your Appeals / Admin Reviews

Our immigration lawyers are highly knowledge and experts at dealing with visa refusals, appeals and administrative reviews. The quality of our serviced can be judged from the positive reviews we constantly receive from our clients from all over the world. Our London based Immigration lawyers we well trained and equipped to deal with various degrees of immigration complexities and we offer a free initial consultation on the first call.

Our immigration lawyers will provide for you a tailored solution to your problem and not just a 'straight out of the books' solution. If you choose to instruct us for your appeal or administrative review, the immigration lawyer / caseworker that will be dealing with your case will ensure the following:-

  • That they take detailed instructions from you and advice on the relevant immigration laws applicable.
  • Our immigration advisers will advise on the evidence required to be prepared to support the admin review application.
  • We would then look at the documents provided to ensure that they are adequate and sufficient and would discuss same with you.
  • The relevant administrative review and appeals forms / bundles will be prepared by us to submission to the Home Office.
  • We would be liaising with the Home Office towards obtaining updates and speeding your application processing times.
  • We will carry out all the follow up work needed until a decision has been made on your application.
  • Our immigration lawyers will then advise on the implications of the decisions reached by the Home Office on your application.

Immigration Appeals and Admin Reviews Frequently Asked Questions

If the following applications are made inside the UK and are refused, they may be challenged by an admin review.
  • Tier 1 and Dependants of Tier 1 Migrants
  • Tier 2 Migrants and Dependants of Tier 2 Migrants
  • Tier 4 Students and their Dependants
  • Tier 5 Migrants and Dependants of Tier 5 Migrants
Generally, admin reviews must be made within 14 days from the date of refusal. Where the applicant has been detained, s/he has just 7 days to submit the application for an Administrative review.

As a general rule, applications made outside the deadline are usually rejected; however there is an exception. The exception is where the Secretary of State has reason to believe that it would be unjust not to waive the time limit and if the secretary of state has reason to believe that the application was made as soon as it was practically possible to do so. A typical example would be where the application was not made in time as a result of the applicant been admitted in the hospital for an emergency treatment. Where the applicant makes the applicant as soon as they are practically able to do so, there may be reasons to waive the general rule of refusing admin review applications made outside the stipulated time limit.
The time limit for seeking Administrative Review of a decision of an Entry Clearance Officer (ECO), where an out of country PBS application is refused, is 28 calendar days from the date of receipt of the notice of decision.
Yes, if and only if the dependant was included in the original application that was rejected or refused.

Please contact our immigration lawyers for more information info@reissedwards.com or call us on 020 3540 7770.
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Kind regards
Nancy Jacquard


 
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