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Administrative Review (AR)

If you believe that the Home Office made a mistake when considering your immigration matter, you can ask for the decision to be reviewed by way of an Administrative Review (AR). Some applicants chose this option, as they do not have a full right to appeal.

AR would include considering, whether the original decision to refuse an application to leave to remain or a decision to grant leave to remain where a review is requested of the period or condition of leave granted, was made in error.

The Immigration Rules provide a complete list of case working errors, which include:

  • Where the original decision-maker applied the wrong Immigration Rules;
  • Where the original decision-maker applied the Immigration Rules incorrectly;
  • Where the original decision-maker incorrectly added up the points to be awarded under the Immigration Rules;
  • Where there has been an error in calculating the correct period of immigration leave either held or to be granted;
  • Where the original decision-maker has not considered all the evidence that was submitted as evidenced in the eligible decision;
  • Where the original decision-maker has considered some or all of the evidence submitted incorrectly as evidenced in the eligible decision;
  • Where the Immigration Rules provide for the original decision-maker to consider the credibility of the applicant in deciding the application and the original decision-maker has reached an unreasonable decision on the credibility of the applicant;
  • Where the original decision maker’s decision to refuse an application on the basis that the supporting documents were not genuine was incorrect;
  • Where the original decision maker’s decision to refuse an application on the basis that the supporting documents did not meet the requirements of the Immigration Rules was incorrect;
  • Where the original decision-maker has incorrectly refused an application on the basis that it was made more than 28 days after leave expired; and
  • Where the original decision-maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application.”

You can apply for AR on these grounds.

There are a few possible outcomes of the Review:

  • Administrative review succeeds and the eligible decision is withdrawn; or
  • Administrative review fails, and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
  • Administrative review fails, and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
  • Administrative review fails, and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.

Free Initial Assessment

We offer a no obligation, free initial consultation over the phone, where you can briefly discuss your matter with expert immigration lawyers.

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