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Administrative Review Solicitor
In recent years, the Government has reformed administrative redress process away from a traditional Tribunal to an Administrative Review System.
The purpose of the change is to allow administrative bodies to review their own decisions internally, thereby enabling incorrect decisions to be detected more quickly and which will improve upon the former costly and slow Tribunal Appeals process.
What is Administrative Review?
If it is believed that the Home Office has made an erroneous decision based upon the documents accompanying any application then a review can be sought.
Possible reasons for requesting a review include:
- an incorrect period of immigration leave having been calculated
- grounds of alleged deception, breach of conditions, or overstaying were incorrectly applied
- where supporting documents are alleged to be fraudulent
- an allegation of a previous breach of the immigration laws is raised
- the belief that the immigration rules have been incorrectly interpreted
- Home Office policy and guidance rules are believed not to have been adhered to.
- a successful decision has been achieved but the Biometric Residence Permit has an error or an incorrect period of leave to remain has been granted.
Notice Of Refusal And Appeal Time Limits
In the event of a refusal, the Home Office will issue a ‘Notice of Decision’ which sets out:
- the decision
- the reasons why the Application has been refused, and
- whether or not there exists the right to seek an administrative review.
An administrative review from
- within the UK must be lodged within 14 days from receipt of decision.
- outside the UK must be lodged within 28 days from receipt of the decision.
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How Can We Assist With Preparation For An Administrative Review
Kangs Immigration Team is able to:
- analyse the contents of a Refusal Notice and advise upon any possible basis for challenge
- advise upon all relevant laws, procedures and requirements
- advise upon the weaknesses of any proposed challenge
- prepare all relevant documentation and submit the same to the Administrative Review Team
liaise with all involved parties
Fees Payable And Review Procedure
- the fees for an Administrative Review is £80.00.
- the Administrative Review Team will decide the application within 28 days.
- if the review is successful and the refusal is overturned, the fee will be returned.
- there may exist the right for further review to the Upper Tribunal for Judicial Review if it is considered that the review was not conducted correctly.
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