If a decision has been reached regarding an application under the Point Based System (PBS), either submitted in the UK or outside, the applicant will normally be granted a right of Administrative Review against an ‘eligible decision’ based on Appendix AR of the Immigration Rules.
If you feel the decision that has been made on your application is unfair, you may be eligible to submit an Administrative Review. This essentially asks the Home Office to reconsider the application due to various reasons
If you are able to proceed with an Administrative Review, Home Office officials will inform you in your decision letter.
There is normally a deadline of 14 or 28 days to submit a review from the date you received the refusal. There is a fee to be paid and it important that you explain with full reasons why you believe the decision is wrong
You are also not usually permitted to submit any new information, with an administrative review, which was not submitted with your original application except you have new evidence that may help your case.
You must apply for an administrative review within 28 days of getting the decision. It costs £80.
You can apply online.
The decision will be checked for the errors you point out.
Currently, it can take 6 months or more to receive the result of the administrative review. If you do not get a decision on your application within 3 months, the Home Office will contact you with an update. Your rights are not affected by the delay in processing applications.
You cannot request a second review (unless the result of the first review found new reasons why you were refused).
It is urgent that you seek comprehensive legal advice to deal with the matter as soon as possible as the review application is required to be submitted in accordance with the limited period stipulated in the Immigration Rules.
When submitting such reviews, it is paramount that you are in the hands of experts in this field. Our immigration departments in each of our offices in London have represented many clients through this process to ensure that their challenge stands the best chance of success. Our success rates and client testimonies emphasise our ability in this area and reinforce our competency in this convoluted area of law.
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