Administrative review

Administrative review is the term given by the Home Office to a process of internal review of certain eligible decisions, whereby an applicant can request that a decision with which they disagree is reviewed by a Home Office official separate from the original decision-maker, rather than by an independent tribunal or court. Eligible decisions are decisions in specified routes:

  1. to refuse applications for entry clearance, permission to enter or permission to stay, and

  2. to cancel leave at the border on certain grounds

Decisions relating to the period of grant or conditions attached to the person’s grant of permission were taken out of the scope of administrative review from 9 April 2025.

Administrative review is the main remedy which is available to challenge immigration decisions on applications which are not human rights or asylum claims, but often sees long delays in decision-making and there have been concerns raised by the Independent Chief Inspector of Borders and Immigration and advisers as to the effectiveness and independence of decision-making.

The administrative review regime was rolled

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Home Office clarifies guidance on ETA rules for dual citizens

On 29 May 2025 the Home Office published guidance covering how the Electronic Travel Authorisation (ETA) scheme will apply for persons who are dual citizens of the UK/Ireland and countries whose nationals require an ETA to visit the UK (if they do not otherwise hold a UK visa). The guidance notes that such persons are not eligible for an ETA. Instead, these individuals must prove their right to travel to the UK by presenting a valid British or Irish passport, or another valid passport that contains a certificate of entitlement to the right of abode. However, it goes on to state that ‘currently’, British dual citizens who do not have a valid British passport but hold a valid passport from ETA-required countries will continue to be allowed to enter the UK on their non-British passport without an ETA.  In an email to stakeholders dated 30 June 2025, the Home Office has confirmed that this is a ‘temporary measure’ during the current ‘transition period’. This means that ‘prior to full enforcement’ of the ETA scheme, it does not expect carriers to deny boarding to dual British or Irish citizens who are travelling only on their non-British/Irish document or without a certificate of entitlement. However, such persons will need to ensure that they make the necessary arrangements prior to the end of this transition period. Presumably this refers to the point that the Home Office brings into force section 76 of the Nationality and Borders Act 2022, which extends carriers liability penalties where a person does not have an ETA but requires one.

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