The following Immigration guidance note Produced in partnership with Nathan Woodcock provides comprehensive and up to date legal information covering:
Administrative review is the main remedy which is available to challenge immigration decisions on applications which are not human rights or asylum claims. It is an internal review of a Home Office decision, conducted by a Home Office official who is different to the original decision-maker, rather than by an independent tribunal or court.
Administrative review is available from both inside and outside the UK. The relevant provisions of the Immigration Rules are:
Immigration Rules, Part 1, paras 34L–34Y—which set out the procedural requirements for administrative review
Immigration Rules, Appendix AR—which sets out the general principles and eligibility for administrative review of specific ‘eligible decisions’ made under the Immigration Rules, other than decisions made under the Immigration Rules, Appendix EU or to cancel leave granted under that Appendix
Immigration Rules, Appendix AR (EU)—which sets out the general principles and eligibility for administrative review of decisions made under the Immigration Rules, Appendix EU or to cancel leave granted under that Appendix, and
Immigration Rules, Appendix SN—which sets out relevant notice requirements
The Practice Note: Administrative review: case working errors looks at a second aspect of eligibility in relation to applications submitted under Appendix AR, ie what are the ‘case working errors’ that can be considered for eligible decisions.
The in-country administrative review regime was phased in at the same time as the appeals regime introduced
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