Appeals and Administrative Review

PRACTICE AREAS - IMMIGRATION

Applications for initial leave, extension or settlement in the UK sometimes might be unfairly rejected by the Home Office. Chan Neill Solicitors has successfully assisted applicants for many years with their applications for an Administrative Review and Appeals to First-Tier and Upper Tribunals. Our experienced Immigration Team and lawyers have also challenged the Home Office by lodging clients’ applications for Judicial Review.

Administrative review

Administrative review (“AR”) was introduced to The Immigration Act 2014 to replace rights of appeal in certain cases. Each application for Administrative review at the Home Office is considered by another caseworker – who took no part in making the original decision – to determine whether an eligible decision is wrong because of a case working error. If an AR is successful, the original decision will be withdrawn.

Decisions on the following applications can be challenged through AR:

  • Refusal of out of country applications under the point-based system
  • Refusal of leave to remain applications of main applicants and their dependents under the Tier 4 visa route, made on or after 20 October 2014
  • Refusal of leave to remain applications of main applicants and their dependents under the Tier 1, 2 or 5 visa route, made on or after 2 March 2015
  • Refusal of an application made by main applicants and their dependents under the Ankara Agreement on or after 6 April 2015
  • Refusal of an application lodged in the UK on or after 6 April 2015 except applications made under the visitor route or protection/human rights claims (such as settlement applications made under the Long Residence route). In the case of protection/ human rights claims, a refusal by the Home Office will attract a right of appeal.

Appeals
Right of appeal triggers against the following decisions:

  • Refusal of a human rights or protection claim and revocation of protection status
  • In some cases, refusal of a visa and refusal to vary leave to remain, where the application was made before the Immigration Act 2014 was introduced
  • Refusal to issue an EEA Family Permit as well as refusal of certain EEA decisions
  • Deprivation of citizenship, where Section 40A of the British Nationality Act 1981 applies.

If you believe that your application was wrongly rejected by the Home Office, and it attracts a right to administrative review or right of appeal, please do not hesitate to contact our Immigration Team and lawyers for advice.

*Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.