Administrative Reviews,
Appeals, And Judicial Reviews
Administrative Reviews, Appeals, And Judicial Reviews
There is a possibility that your visa application may be rejected by the Home Office. In such cases, depending on the circumstances, you may have a right of administrative review or right of appeal.
ADMINISTRATIVE REVIEW
Through administrative review, Lumine Solicitors can request that the Home Office reconsider a decision if you believe they have made a mistake. The only ground for administrative review is that the Home Office has made a casework error. E.g., if the home Office decision maker applied the wrong Immigration Rules.
A few circumstances in which administrative review can occur include:
- If your application for leave was refused
- If you were granted limited leave to enter/remain rather than indefinite leave to enter or remain
- If your Leave has been cancelledÂ
Successful Administrative Review
If the Home Office finds that the original decision contained a casework error, then they will consider whether correcting the error will change the outcome of the case.
If the error in the original decision changes the decision, creating a new one, the home office will refund your administrative review fee. The original application will be followed if the new judgement determines that the leave should have been granted.
HOW LONG DOES IT TAKE TO REACH A DECISION?
An administrative review decision can take up to 6 months of even longer depending on the case. The Home Office will get in touch with you with an update if you haven’t heard anything about your application after six months.
APPEALS
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Appeals tend to be more complicated than administrative reviews. If you want to challenge a decision made by the Home Office because you think that decision was wrong you may be able to appeal that decision. If you are in the UK and want to appeal, it will be held before a Judge at the First-Tier Immigration Tribunal and must be within 14 days of receiving a decision; if you were denied entry clearance, you must do so within 28 days. There is a hierarchy of tribunals and courts in the appeals system; thus if an appeal is rejected by the First-Tier Tribunal, there may be an additional right of appeal to the Upper Tribunal, followed by higher courts.
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The following are a few examples of decisions that Lumine Solicitors can appeal:
- A human rights claim refusal e.g., family and private life grounds claims
- A protection claim refusal e.g., asylum
- British citizenship RevocationÂ
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JUDICIAL REVIEW
A judicial review can challenge the lawfulness of a decision by the Home Office if you believe it was illegal or unreasonable. It is usually a remedy of last resort and is more concerned with whether the law has been applied correctly rather than if the correct decision was made.
Grounds for Immigration Judicial Review
There are specific grounds required for immigration judicial review. Some are as follows:
- Irrationality:Â a decision is unreasonable (e.g. the Wednesbury case)
- Illegality: the decision-maker lacked the authority required to make the legal decision
- Procedural misconduct:Â the procedure that led to the decision was legally incorrect
- The Human Rights Act 1998 was breached because of the decision
HOW LONG DOES IT TAKE TO REACH A DECISION?
Most judicial review applications take several months to complete and can take longer; however, this depends on how urgent the case is
HOW CAN LUMINE SOLICITORS HELP?
We at Lumine Solicitors will provide professional advice to you on whether it is worth applying for an admirative review/appeal/ judicial review based on your unique circumstances and will support you in making such an application. Additionally, we can help with drafting grounds for your application that are in line with the requirements for a successful claim and represent you in any court proceedings.
For all immigration matters, Please do not hesitate to get in touch on 020 3950 2246 or Contact Us HERE
