admin review guidance v5 0 ext (1)

7/23/2019 Admin Review Guidance v5 0 Ext (1)

http://slidepdf.com/reader/full/admin-review-guidance-v5-0-ext-1 1/88

of 88 Administrative Review Version 5.0 EXT Published for Home Office staff on 17 August 2015

Administrative ReviewThis guidance is about the administrative review of eligible decisions under the Immigration Rules




Administ rat ive review

About this guidance About this guidance

Key facts: In country

administrative review Key facts:

Administrative review atthe border Key facts: Overseas

administrative review Decisions which areeligible for review

Decisions which are noteligible for

administrative review

Claimed errors whichmay be raised in

administrative review Requests which cannot

be made using


Validation requirements

Fee and payment

exemptions

Rejecting a request for

administrative review Consideration

Applicant’s status after

submitting a request for

administrative review How to withdraw anapplication for

This guidance tells caseworkers how to validate, consider and decide applications foradministrative review of in country or overseas decisions made under the Immigration Rules.It also covers validation of administrative review applications relating to border decisions.

This guidance relates to Rules 34L – 34Y in Part 1 of, and Appendix AR to, the ImmigrationRules.

Administrative review will consider whether an ‘eligible decision’ is wrong because of a caseworking error and, if it is, correct that error.

Administrative review is only available where an eligible decision has been made. For moreinformation, see related link: Who can ask for an administrative review.

An application for administrative review must be made in line with the validationrequirements set out in part 1 of the Immigration Rules. For more information, see relatedlink: Validation requirements.

The introduction of administrative review is a part of the measures to implement changes tothe immigration appeals system set out in the Immigration Act 2014. Now a person will onlybe entitled to appeal against:

• refusal of a human rights claim

• refusal of a protection claim, namely a claim for asylum or for humanitarian protectionstatus

• revocation of protection status

This guidance also covers the policy for administrative review of entry clearance decisions.For points-based system applications the process is described in the relevant Tier’s policyguidance.

This guidance does not cover how to consider administrative review applications relating to

In this sectionChanges to this

guidance

Contact

Information owner

External l inks

Appendix AR

Points based system

(Mar 2009)

administrative reviewrequest notice

Guidance notes: Pointsbased system (Mar

2009) administrative

review request notice

https://www.gov.uk/government/collections/immigration-rules


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261407/admin-review-request.pdf





https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261408/admin-review-guide.pdf

















administrative review Reconsiderations,appeals and judicial

reviews

border decisions, which is described in the Border Force operations manual.

This guidance does not cover appeals policy, which is described in the appeals policyguidance.

See administrative review policy for out of country decisions for more information.

For further information about the appeal reforms introduced by the Immigration Act 2014,see external link: Immigration Act 2014 changes to the removals and appeals systems

For the full act, view the Immigration Act 2014.

Changes to this guidance – This page tells you what has changed since the previousversion of this guidance.

Contact – This page tells you who to contact for help if your senior caseworker or linemanager can’t answer your question.

Information owner – This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare – This page explains your duty to safeguard andpromote the welfare of children and tells you where to find more information.

https://www.gov.uk/government/collections/immigration-bill



http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted/data.htm









Changes to this guidance

About this guidance

Key facts: In country


Administrative review atthe border Key facts: Overseas

administrative review Decisions which areeligible for review

Decisions which are noteligible for

administrative review Claimed errors whichmay be raised in

administrative review Requests which cannot

be made using



Fee and payment

exemptions

Rejecting a request for


Applicant’s status after

submitting a request for

administrative review How to withdraw anapplication for

This page lists changes to the ‘Administrative review’ guidance, with the most recent at thetop.

Date of the change Details of the change

17 August 2015 Change request:

• changes made following 3 AugustImmigration Rules change

20 October 2014 New guidance written by administrative reviewpolicy and the guidance rules and forms team

In this sectionContact

Information owner




administrative review Reconsiderations,appeals and judicial

reviews



Key facts: In country administrative review

This page provides some key facts relating to in country administrative review

Category: In country administrative review

Who has the right toapply for anadministrative review?

A person who makes an application on or after the relevantdate and has received an ‘eligible decision’ may apply for anadministrative review.

Eligible decisions are those made on:

• in country Tier 4 applications made by either a main

applicant or their dependant(s) on or after 20 October2014

• in country Tiers 1, 2 or 5 applications made by either amain applicant or their dependant(s) on or after 2March 2015, including indefinite leave to remainapplications under those routes

• in country applications where the decision was madeon or after 6 April, unless the applicant applied as a

visitor or made a protection or human rights claim

and for which the outcome is that the application is either:

• refused

• approved and a review is requested of the period orconditions of leave granted



given • application for administrative review is rejected asinvalid

• decision on the review is to grant leave, this includescases where the outcome of an administrative reviewis that the original grant of leave was issued for the

wrong period, or subject to the wrong conditions

The fee will not be refunded if the application foradministrative review is valid but the original decision isupheld.

The fee should normally be refunded within three weeks ofthe date of decision.

What does anadministrative review do?

It will allow the applicant to raise any permitted case workerror (defined in appendix AR of the Immigration Rules) thatthey think there has been on the application and, if an errorhas been made, have it corrected.

Will the personconducting the

administrative review bethe same person whomade the initial decision?

No. The administrative review will be carried out by adifferent person on an independent team.

What is the time limit forapplying foradministrative review?

For in country decisions, 14 calendar days from the date theapplicant receives the notice or biometric residence permit(BRP) (7 calendar days if they are detained.)

Will immigration leavecontinue while the

If the applicant has immigration leave and makes anapplication for administrative review within the time limit they

https://www.gov.uk/government/publications/immigration-rules-appendix-ar-administrative-review






unsuccessful?The applicant must not remain in the UK after they receivethe administrative review decision if they do not haveimmigration leave.

Will the applicant need togo through the biometricenrolment process againif the administrativereview results in anoutcome that requires anew BRP to beproduced?

No. The process is designed so that this should not benecessary.

What will happen to anyimmigration healthcharge (IHC) paid whilean administrative reviewcould be made?

If an IHC has been paid and the application was refusedwith a right of administrative review, the IHC will not berefunded during the period when an:

• in time administrative review may be made

• administrative review is under consideration

If an IHC has been paid and the application was approved,but for a shorter period than applied for, the IHC will berefunded for the years of leave which were not granted. Ifthe migrant makes an administrative review application andis granted an extra period of leave as a result, they mustthen pay the extra IHC.



Key facts: Administrative review at the border

This page provides some key facts relating to administrative review at the border

Category: Border administrative review

Who has the right toapply for anadministrative review atthe border?

A person who has received an ‘eligible decision’ may applyfor an administrative review.

For applicants at the UK border, eligible decisions aredecisions made on or after 6 April to cancel leave to enter orremain which was in force with the result that the applicanthas no leave to enter or remain, due to:

• change of circumstances• false representations

• failure to disclose material facts

If the decision was made before 6 April 2015, it is notpossible to apply for administrative review of the decision.

How will the applicantknow they have a right toapply for anadministrative review?

If a Border Force officer has cancelled a person’s leave toenter or remain at the border, the decision letter will tell theapplicant if they can apply for administrative review.

How to apply for anadministrative review

The applicant must apply online using the form at - Apply foran administrative review

Who can the applicantcontact if they have

t h i l bl ith

They must e-mail the administrative review team at

Ad i i i i @h ffi i k

https://eforms.homeoffice.gov.uk/outreach/UKVI_Admin_Review_Guidance.ofml




mailto:[email protected]







has been made, have it corrected.

Will the personconducting theadministrative review be

the same person whomade the initial decision?

No. The administrative review will be carried out by adifferent person.

What is the time limit forapplying foradministrative review?

For border decisions, 14 calendar days from the date theapplicant receives the decision notice, if the application mustbe made while the person is in the UK.

The application must be made from overseas if the decisionwas made at the juxtaposed controls in:

• Paris

• Brussels

• Dunkirk

• Coquelles

• Calais

• Lille

In this case the time limit is 28 calendar days from the datethe applicant receives the decision notice.

Will immigration leavecontinue while theadministrative review isbeing carried out?

No. The applicant will be granted temporary admission ifthey are allowed to enter the UK to make an administrativereview application.

C l h l N P l h l ll d t th b d b f



Key facts: Overseas administrative review

This page provides some key facts relating to overseas administrative review

Category: Overseas administrative review

Who has the right toapply for anadministrative reviewoverseas?

A person who has received an ‘eligible decision’ on an entryclearance application may apply for an administrativereview.

For applicants overseas, an eligible decision is a decision torefuse an application for entry clearance made on or after 6 April 2015, unless the application is:

• as a short term student made under part 3 of theImmigration Rules

• as a visitor

• a human rights claim

How will the applicant

know they have a right toapply for anadministrative review?

If the entry clearance officer has refused an application, the

decision letter will tell the applicant if they can apply foradministrative review and how to apply.

How to apply for anadministrative review

The applicant must apply using the application formprovided with their decision letter.

Fee payable foradministrative review

There is currently no fee for an overseas administrativereview..

Wh t d It ill ll th li t t i itt d k



leave to enter or leave to remain and then makes anadministrative review application in respect of a previousdecision, the administrative review application will berejected.

What happens if the

administrative review isunsuccessful?

If the administrative review is unsuccessful it will mean the

decision taken on the original application was correct.

Will the applicant need togo through the biometricenrolment process againif the administrativereview results in anoutcome that requires avisa to be issued?

No. The process is designed so that this should not benecessary.

What will happen to anyimmigration healthcharge (IHC) paid whilean administrative reviewcould be made?

If an IHC has been paid and the application was refusedwith a right of administrative review, the IHC will not berefunded during the period when an:

• in time administrative review may be made

• administrative review is under consideration

If an IHC has been paid and the application was approved,but for a shorter period than applied for, the IHC will berefunded for the years of leave which were not granted. Ifthe migrant makes an administrative review application andis granted an extra period of leave as a result, they mustthen pay the extra IHC.





Decisions which are eligible for administrative review About this guidance Key facts: In country


Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors whichmay be raised inadministrative review Requests which cannot

be made using


Validation requirements Fee and paymentexemptions Rejecting a request for


Applicant’s status aftersubmitting a request foradministrative review How to withdraw anapplication for

This page explains which decisions are eligible decisions for administrative review

Where an ‘eligible decision’ as specified in Appendix AR of the Immigration Rules has beenmade, an administrative review may be brought. Individuals who will no longer have a rightof appeal as a result of changes to the appeals system may be able to have their ‘eligibledecision’ reviewed under the administrative review process.

Administrative reviews are only available for eligible decisions.

In countryFor applicants in the UK, eligible decisions are decisions made on:

• in country Tier 4 applications made by either a main applicant or their dependant(s) onor after 20 October 2014

• in country Tiers 1, 2 or 5 applications made by either a main applicant or theirdependant(s) on or after 2 March 2015, including indefinite leave to remainapplications under those routes

• in country applications where the decision was made on or after 6 April, unless theapplicant applied as a visitor or made a human rights claim

and for which the outcome is that the application was:

• refused

• approved and the applicant thinks an error was made about the expiry date orconditions of their leave

If the applicant applied for leave before the date on which administrative review wasintroduced for the route they applied for, they may still have a right of appeal rather thanadministrative review against the decision, even if the application is decided after 06 April2015. Their decision letter will tell them if they have a right of appeal. For more information

In this section

Related link

Links to the staff intranetremoved

External l inks

Immigration Act 2014

Administrative Review –Statement of Intent

http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/254851/SoI_Administrative_review.pdf









administrative review Reconsiderations,appeals and judicialreviews

about appeals, see related link.

At the borderFor applicants at the UK border, eligible decisions are decisions made on or after 6 April tocancel leave to enter or remain which was in force with the result that the applicant has noleave to enter or remain, due to:

• change of circumstances

• false representations

• failure to disclose material facts

This includes decisions to cancel leave to enter or remain which is in force as a visitor underparagraphs V9.2 or V9.4 of appendix V of the immigration rules.

OverseasFor applicants overseas, an eligible decision is a decisions to refuse an application for entryclearance made on or after 6 April 2015, unless the application is:

• as a short term student made under part 3 of the immigration rules

• as a visitor

• a human rights claim

Administrative review is available both if the alleged error could have made a difference tothe original decision or could have an unfair impact on the applicant’s future applications, forexample because they may now be refused on general grounds.

For example, an application was refused both because:

• required evidence was missing

• some evidence sent with the application was found to be forged

In this case, future applications from the migrant may be refused on general grounds on thebasis that false representations were made in a previous application. The applicant mayaccept that some documents were missing and therefore that the refusal was correct overall.

https://www.gov.uk/government/publications/immigration-rules-appendix-v-visitor-rules







However, they may still wish to request administrative review if they can show that thedocuments were genuine, even though this would not change the decision on the originalapplication.

For more information about refusal on general grounds, see related link.

Eligible points-based system decisionsTier 1 applications are those made under the following sections of the Immigration Rules:

Tier 1 Category Section of rules Paragraph

Tier 1 (Exceptional talent) Part 6A 245B to 245BF and Appendix A

Tier 1 (General) Part 6A 245C to 245CD-SC and Appendix A

Tier 1 (Entrepreneur) Part 6A 245D to 245DF and Appendices A, B and C

Tier 1 (Investor) Part 6A 245E to 245EF, and

Appendix ATier 1 (Graduateentrepreneur)

Part 6A 245F to 245FC and Appendix A.

Dependent partners Part 8 319C or 319E

Dependent children Part 8 319H or 319J

Tier 2 applications are those made under the following sections of the Immigration Rules:


Tier 2 (Intra-CompanyTransfer) Part 6A 245G to 245GF-SD and Appendix A

Tier 2 (General), Tier 2(Minister of Religion) andTier 2 (Sportsperson)

Part 6A 245H to 245 HF-SD and Appendix A

Dependent partners Part 8 319C or 319EDependent children Part 8 319H or 319J





Tier 4 Category Section of rules Paragraph Adult student Part 6A 245ZT to 245ZY

Child student Part 6A 245ZZ to 245ZZE

Dependent partners Part 8 319CDependent children Part 8 319H



Tier 5 (Youth MobilityScheme)

Part 6A 245ZI to 245ZL and Appendix A

Tier 5 (Temporary Worker) Part 6A 245ZM to 245ZS and Appendix A

Dependent partners Part 8 319C or 319EDependent children Part 8 319H or 319J

For more information see part 6A and part 8 of the Immigration Rules at the related links.





Decisions which are not eligible for administrative review About this guidance Key facts: In country


Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors whichmay be raised inadministrative review Requests which cannot

be made using




Applicant’s status aftersubmitting a request foradministrative review How to withdraw an

This page explains which decisions are not eligible decisions for administrative review.

In country application types where decisions are not eligible for administrative review Administrative review is not available for decisions made on:

• applications under the points-based system made before the date on whichadministrative review commenced for that route (20 October 2014 for Tier 4 and 2March 2015 for Tiers 1, 2 and 5)

• applications as a visitor

• protection claims

• human rights claims

In country human rights and protection claims which are not eligible decisions are thosespecified in paragraph AR3.2(c) of Appendix AR of the Immigration Rules and are listed inthe following table:

Type of application Section of rules ParagraphPartner or child of a memberof HM Forces

Part 7 276U and 276AA

Partner or child of a memberof HM Forces, where thesponsor is a foreign orCommonwealth member of

HM Forces and has at least 4years’ reckonable service inHM Forces at the date ofapplication

Part 7 276AD and 276AG

Long residence (indefiniteleave to remain)

Part 7 276B

Private life Part 7 276ADE(1) or 276DE

Related links


External l inks Appendix AR

Immigration Rules Part6A

Immigration Rules Part8



https://www.gov.uk/government/publications/immigration-rules-part-6a



https://www.gov.uk/government/publications/immigration-rules-part-8











application foradministrative review Reconsiderations,appeals and judicialreviews

Family members under part 8of the Rules where thesponsor is present andsettled in the UK (unless theapplication is made underparagraphs 319AA to 319J ofthese Rules, or underparagraph 284, 287, 295D or295G where the sponsor wasgranted settlement as aPoints Based SystemMigrant) or has refugee orhumanitarian protectionstatus in the UK

Part 8 A277 to 319Y.Excluding paragraphs 284,287, 295D, 295G and 319AAto 319J

Asylum Part 11 326A to 352HPartner or child of a memberof HM Forces where thesponsor is a British Citizen orhas at least 4 years’reckonable service in HMForces at the date ofapplication

Appendix Armed Forces Part 4 or Part 7

Family members under Appendix FM, but not wherean application is made undersection BPILR (bereavement)or section DVILR (domesticviolence)

Appendix FM All sections except BPILRand DVILR

For more information see Part AR1 the related link: Appendix AR.

Border decisions w hich are not eligible for administrative review Administrative review is not available for decisions made:

• before 6 April 2015




• to cancel leave to enter or remain or refuse entry on any basis other than the groundsset out in paragraph AR4.2:o change of circumstanceso leave obtained by false representationo failure to disclose material facts

Overseas application types where decisions are not eligible for administrative review Administrative review under appendix AR of the Immigration Rules is not available fordecisions made:

• before 6 April 2015

• on an application under part 3 of the immigration rules as a short term visitor

• on applications as a visitor

• on human rights claims

Overseas human rights claims which are not eligible decisions are those specified inparagraph AR5.2(a)(i)-(vi) of Appendix AR of the Immigration Rules and are l isted in the

following table:

Type of application Section of rules ParagraphPartner or child of a memberof HM Forces

Part 7 276U and 276AA

Partner or child of a memberof HM Forces, where thesponsor is a foreign orCommonwealth member ofHM Forces and has at least 4years’ reckonable service inHM Forces at the date ofapplication

Part 7 276AD and 276AG

Family members under part 8of the Rules where thesponsor is present andsettled in the UK (unless theapplication is made under

Part 8 A277 to 319Y.Excluding paragraphs 284,287, 295D, 295G and 319AAto 319J




paragraphs 319AA to 319J ofthese Rules, or underparagraph 284, 287, 295D or295G where the sponsor wasgranted settlement as aPoints Based SystemMigrant) or has refugee orhumanitarian protectionstatus in the UK Partner or child of a memberof HM Forces where thesponsor is a British Citizen orhas at least 4 years’reckonable service in HMForces at the date ofapplication

Appendix Armed Forces Part 4 or Part 7

Family members under Appendix FM, but not wherean application is made undersection BPILR (bereavement)or section DVILR (domesticviolence)

Appendix FM All sections except BPILRand DVILR

CurtailmentIf a migrant’s leave is curtailed on or after 6 April 2015 (or where leave was curtailed before6 April and the amended appeals provisions introduced by the Immigration Act 2014 appliedto the migrant), the curtailment decision does not attract a right of either:

•

administrative review• appeal

For information on what is an eligible decision, see link on left hand side.

For more information about curtailment, see related link.





Claimed errors which may be raised in administrative review About this guidance Key facts: In countryadministrative review Key facts:

Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible for

administrative review Claimed errors whichmay be raised inadministrative review Requests which cannot

be made using


Validation requirements Fee and paymentexemptions Rejecting a request foradministrative review Consideration


This section tells you which claimed case work errors may be raised in an administrativereview.

Administrative review will only consider the following claimed case working errors, which arespecified in AR2.11(a)-(d) and AR2.12 of Appendix AR of the Immigration Rules.

The case working errors for decisions are where:

• the original decision maker’s decision was incorrect (paragraph AR2.11(a)) indecisions to:o refuse an entry clearance application on the basis of paragraph 320(7A) or 320(7B)

(false representations, false documents or information, failure to disclose material

facts or previous breach of conditions)o refuse an in country application on the basis of paragraph 322(1A) (refusal on the

basis of false representations, documents or information or failure to disclosematerial facts) of the Rules

o cancel leave to enter or remain which is in force as a visitor under paragraphs V9.2or V9.4 of appendix V of the immigration rules

o cancel leave to enter or remain which is in force at the border under paragraph321A(2) (change of circumstances, false representations or failure to disclosematerial facts)

• the original decision maker’s decision to refuse an application on the basis that thedate of application was beyond any time limit in these Rules was incorrect (paragraph

AR2.11(b))• the original decision maker otherwise applied the Immigration Rules incorrectly

(paragraph AR2.11(c))

• the original decision maker failed to apply the Secretary of State’s relevant publishedpolicy and guidance in relation to the application (paragraph AR2.11(d))

• there has been an error in calculating the correct period or conditions of immigration

External l inks Appendix AR

Immigration Rules Part6A





























leave either held or to be granted (paragraph AR2.12)

For more information about general grounds for refusal under paragraphs 320(7A), 320(7B),322(1A) or cancellation of leave under paragraph 321A(2) or paragraphs V9.2 or V9.4 ofappendix V of the Immigration Rules, see General grounds for refusal.

For more information about overstayers, see Applications from overstayers (non familyroutes).

The following table gives some examples of case working errors that may be raised in anadministrative review:

Case Working Error Example scenario Can the reviewerrequest relevant newevidence?

Where the original decisionmaker’s decision to refuse an

application under paragraph322(1A) on the basis that thesupporting documents werenot genuine was incorrect –paragraph AR2.11(a)(i).

The migrant has submittedinternet bank statements which

appear to have been stampedin a branch to authenticatethem. The statements wereverified and the issuing bankstated that they were false.The migrant has evidence fromthe bank that states theverification was doneincorrectly and the statementsare genuine

Yes - only to prove thatthe documents are

genuine

Where the original decisionmaker has incorrectly refusedan application on the basisthat it was made more than 28days after leave expired –paragraph AR2.11(b).

The original decision makeruses the date on which theapplication was input as thedate of application rather thanthe date the application wasposted. The 28 day period has

Yes – only to prove thatdate on which theapplication wassubmitted



https://horizon.fcos.gsi.gov.uk/section/work-tools-and-guides/topic/asylum-immigration-and-nationality/modernised-guidance/general-guidance/general-grounds-refusal








therefore been calculatedincorrectly.

Where the original decisionmaker applied the wrongimmigration rules – paragraph

AR2.11(c).

The caseworker applies therules for Tier 4 (General)students rather than Tier 4

((Child) students.

No

Where the original decisionmaker applied the immigrationrules incorrectly – paragraph

AR2.11(c).

The caseworker refuses theapplication because a residentlabour market test has notbeen carried out but theapplicant’s occupation isexempt from this requirement.

No

Where the original decisionmaker incorrectly added up

the points to be awardedunder the Immigration Rules –paragraph AR2.11(c).

The migrant submitted amaster’s degree certificate but

the original decision makeronly awarded the appropriatepoints for a bachelor’s degree.

No

Where the original decisionmaker has not considered allthe evidence that wassubmitted as evidenced in theeligible decision – paragraph

AR2.11(c).

Where the original decisionmaker has overlooked a pieceof evidence such as aqualification certificate or abank statement.

For example, where two sets ofbank statements have beensubmitted but the originaldecision maker onlyconsidered one and thereforerefused the application onmaintenance grounds.

No




Where the original decisionmaker has considered someor all of the evidencesubmitted incorrectly asevidenced in the eligible

decision – paragraph AR2.11(c).

Where the migrant hassubmitted multiple sets of bankstatements and the amountshave been added upincorrectly by the original

decision maker, resulting in adecision to refuse on thegrounds of insufficient funds.

No

Where the original decision torefuse an application on thebasis that the supportingdocuments did not meet therequirements of theImmigration Rules was flawed

– paragraph AR2.11(c).

The migrant must provideoriginal documents. Theoriginal decision makerconsidered the documentsprovided to be copies. Thedocuments were in factoriginal.

No

Where the original decisionmaker failed to apply theSecretary of State’s relevantpublished policy and guidance

– paragraph AR2.11(d).

The migrant’s original sponsorloses their licence while theapplication is underconsideration. The originaldecision maker fails tocorrectly apply the policy toallow the migrant 60 days tofind a new sponsor and varytheir application.

No

Where there has been anerror in calculating the correctperiod or conditions ofimmigration leave either heldor to be granted – paragraph

AR2.11(c).

Incorrectly calculating theperiod of leave granted, forexample granting 2 years ofleave when the migrant wasentitled be granted for 3 yearsleave. Incorrectly imposing a

No




requirement to register with thepolicy when the migrant is notfrom a police registrationnationality.

Where the original decision

maker’s decision to cancel avisitor’s leave to enter at theborder under paragraphparagraphs V9.2 of appendixV on the basis that there hadbeen a change in theircircumstances – paragraph

AR2.11(a)(iii).

The migrant was granted entry

clearance as a general visitor.When interviewed at theborder, the visitor stated thatthey had since decided tostudy in the UK and hadenrolled on a college course.

Yes – only to prove that

there had been nochange ofcircumstances suchthat leave to entershould be cancelled.

Where the original decisionmaker’s decision to cancel a

visitor’s leave to enter at theborder under paragraphparagraphs V9.4 of appendixV on the basis that falserepresentations had beenmade – paragraph

AR2.11(a)(iii).

The migrant was granted entryclearance as a general visitor.

When they applied, they statedthat they had no relatives in theUK. When interviewed at theborder, the visitor stated thattheir parents and siblings werein the UK.

Yes – only to prove thatfalse representations

had not been made.





Requests which cannot be made using administrative review

About this guidance Key facts: In country

administrative review Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review

Claimed errors whichmay be raised inadministrative review Requests which cannot

be made using



administrative review Consideration Applicant’s status aftersubmitting a request foradministrative review How to withdraw anapplication for

This page explains which requests cannot be made using the administrative review process.

Decisions which are not eligible for administrative reviewIt will not be possible to use administrative review to:

• ask for a decision to be reviewed if it is not an eligible decision as specified in theImmigration Rules

• seek leave on some other basis beyond the route of the original application

• make a protection or human rights claim

• claim that the applicant has a right to reside under EU law

Seeking leave on another basis Applicants cannot use an administrative review application to apply for leave on another

basis, for example to claim that they should be granted leave under a different tier of thepoints-based system. If they attempt to do so, you must tell the applicant, in the rejection ordecision letter, to make the appropriate application for leave in the manner specified.

Human rights or protection claims Applicants cannot raise human rights or protection claims in an administrative reviewapplication. A human rights or protection claim made in an administrative review applicationwill not be considered. If the administrative review is refused, the applicant will be servedwith a notice under section 120 of the 2002 Act which will provide an opportunity to makeany human rights or protection claim. .

Right to reside in the UK under EU law Applicants cannot raise a claim to have a right to reside as a matter of EU law – forexample, as the family member of an EEA national exercising free movement rights – in anadministrative review application. If they attempt to do so, you must tell the applicant, in therejection or decision letter, that they have the option of applying for residence documentationas confirmation of their right to reside under the Immigration (European Economic Area)

In this section

Internal Links

Links to the intranetremoved





Regulations 2006 (‘the EEA Regulations’).

An applicant who has been refused residence documentation under the EEA Regulationsmay be entitled to appeal that decision under regulation 26 of those Regulations.

For further information on EEA nationals and their family members see related links.

Validation or rejectionIf any of the above are the only grounds raised in the administrative review, but it relates toan eligible decision, you must accept the application if it is otherwise valid and maintain theoriginal decision.

You must only reject the application if it does not meet one or more of the validationrequirements.

For more information, see link on left: Validation requirements.

You must validate the application if it:

• is about an eligible decision

• attempts to raise any of the above grounds

• also raises other claimed casework errors that are permissible

• meets all the other validation requirements

The Home Office will consider any claimed errors in the original decision that the applicantlegitimately raises.

The Home Office will not consider any human rights, asylum or EEA grounds raised in theapplication whilst reviewing the original decision even when it is accepted as valid and otherclaimed errors are reviewed. This is in accordance with paragraph AR2.6 of Appendix AR ofthe Immigration Rules.








Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review


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This page tells you how to assess whether an application for administrative review is valid.

The requirements for an administrative review application to be valid are set out inparagraphs 34M – 34Y in Part 1 of the Immigration Rules. You must check that theapplication meets all the following requirements. You must reject the application for anadministrative review if it does not meet all of the requirements.

Paragraph 34MThis specifies that any administrative review application must meet the requirements set outin paragraphs 34N to 34S of the rules. Applications which do not meet these requirementsare invalid and must be rejected. The requirements are listed below in paragraphs 34N –34S.

Paragraph 34N(1) –(2): onl y one application An applicant is normally only allowed one valid administrative review for each eligibledecision that falls within the scope of the Immigration Rules and this policy. A second orfurther application must be rejected.

The exception to this (set out in paragraph 34N(2) of the Immigration Rules) is where,following an administrative review, the Home Office maintains its refusal of leave decisionbut on additional or different grounds. This is the outcome defined in paragraph AR2.2(d) of

Appendix AR of the Immigration Rules.

In those circumstances, the individual will be entitled to a further administrative review inrelation to the new grounds.

For in country cases, you must check case information database (CID) to make sure this isthe first review or they are entitled to a second review following the decision on the firstreview. Unless 34N(2) applies you must reject any other second administrative reviewapplication under paragraph 34M with reference to 34N(1) of the Immigration Rules.

In this section

External l inks

Appendix AR

Immigration Rules – part1

Ask for a visaadministrative review






https://www.gov.uk/ask-for-a-visa-administrative-review












The following administrative review CID outcomes show when a migrant could ask foranother review of the same decision:

• AR Decision Maintained – Condition code ‘Errors Found in original refusal’

The following administrative review CID outcomes show when a migrant could ask for anadministrative review of the new decision, because this would be the first review in respectof that decision:

• AR Decision Overturned – Condition code ‘AR Decision Overturned - Grant Leave’

• AR Decision Overturned – Condition code ‘AR Decision Overturned - Refuse Leave’

• AR Decision Overturned – Condition code ‘AR Error in Grant of Leave’

The applicant may also submit a second administrative review application if the first one wasrejected as invalid and there is still time to make an application before the deadline set out inparagraph 34R (see below).

Paragraph 34N(3): waiver form previous ly si gnedYou must reject an administrative review application in respect of an eligible decision if theapplicant has previously signed an ‘administrative review waiver form’ relating to thatdecision.

An applicant may complete and sign an administrative review waiver form in line withparagraph AR2.10(a) of appendix AR. This is a form which a person may use to declare thatalthough they may make an administrative review application of a decision, they will not doso. By completing and signing the waiver form, they are confirming that they will not applyfor an administrative review of the decision.

You must check CID case notes and, if applicable, the case file to make sure that no signedwaiver form has been received by the Home Office.

Paragraph 34N(4): new application madeYou must reject an administrative review application in respect of an eligible decision if the




applicant has made a new application for entry clearance, leave to enter or leave to remainafter receiving the notice of the eligible decision.

You must check CID and, if the applicant is or may be overseas, CRS to see if a newapplication has been made. You must take care to check that the date of any application isafter the date on which the applicant is regarded as having received notice of the eligible

decision.

For more information about when notices of eligible decisions are regarded as having beenreceived, see paragraph 34R: time limit.

Paragraph 34O: how the appli cation must be made A valid application can only be made by either:

• completing the relevant online application process in accordance with paragraph 34Uof the Immigration Rules

• using the specified application form in accordance with paragraph 34V of the

Immigration Rules

You must reject an application made by any other method, such as by letter or email, underparagraph 34M with reference to 34O of the Immigration Rules.

As a concession, out of country administrative review applications will still be made on theexisting out of country form at present. An updated form for out of country administrativereview will be produced later in 2015r.

Paragraph 34U: online applications An in country or border administrative review application must normally be made online by

completing and submitting an application using the relevant online application process.

Where the application is made online:

• the specified fee must be paid online unless an exemption applies

• all mandatory sections of the online application must be completed as specified in the




form and guidance notes to the form

If these requirements are not met, you must reject the application under paragraph 34M ofthe Immigration Rules with reference to 34U.

The Immigration Rules also state that documents specified as mandatory on the onlineapplication or in the related guidance must be submitted either online or by post. The online

application does not currently ask the applicant to send any documents. If the application isvalid, you must request any documents that the applicant is allowed to provide underparagraph AR2.5 of Appendix AR of the Immigration Rules and you need to review the case.

Paragraph 34V: In country or border postal applicationsIt will only be in rare circumstances that migrants requesting a review of an in country orborder decision will be unable to use the online administrative review application process toapply in country for a review.

A paper form is available for these migrants to use if they are unable to use the online form.In these cases an application may be made by post or courier using the specified paper

application form.

If an applicant asks you how to request a paper administrative review application form, youmust tell them to send their request by email to the Administrative Review team.

This email address must only be used for enquiries about the administrative review processand not for general enquires about immigration matters.

If an applicant requests a paper form using the admin review enquiries mailbox, you mustsend the migrant a copy of the paper form if they cannot use the online form. You must

encourage applicants to use the online form if possible and find out what help they wouldneed to be able to use the online form.

Where an application is made by post or courier:

• it must be made on the specified application form

• the specified fee must be paid








• all sections designated as mandatory in the form itself or related guidance notes mustbe completed as specified

• the form must be signed by the applicant or the applicant’s representative. If theapplicant is under the age of 18, the form may be signed by the applicant’s parent orlegal guardian on the applicant’s behalf

• the application must be accompanied by any documents specified as mandatory in

the application form or related guidance notes• the application must be sent to the address specified on the form

If any of these requirements are not met, you must reject the application under paragraph34M of the Immigration Rules with reference to 34V. State in the rejection letter which sub-paragraph or paragraphs of 34V were not met.

Overseas paper application formsMigrants must use the overseas administrative review request form which is available on thegov.uk website and is provided with eligible decisions. The completed form must be eitherposted or delivered in person to the overseas post named on the decision letter. For more

information about overseas administrative review, see external link: Ask for a visaadministrative review.

Paragraph 34P: eligible decisionThe application must be about an ‘eligible decision’, for more information see related link:Decisions which are eligible for review

You must check the relevant casework database (CID for in country cases) to find out whatthe person applied for and when, which will determine whether the decision is eligible forreview.

You must reject applications about any other type of decision, under paragraph 34M withreference to 34P of the Immigration Rules.

Paragraph 34Q: where application must be madeIn country and border decisions If the administrative review is about a decision on an in country application or a decision




made at the border, the administrative review application must be made while the applicantis in the UK. The exception is when the decision was made at the juxtaposed controls inParis, Brussels, Dunkirk, Coquelles, Calais and Lille.

You must confirm the application was made whilst the migrant was in the UK by checking:

•

CID• the applicant’s stated home address

The applicant will be considered to be outside the UK if they provided an overseasresidential address on their application form. The applicant must provide the address atwhich they are living on the application form. They cannot provide the address of anotherperson such as a friend or relative. If they do, they will have failed to complete a mandatorysection of the form and you must reject the application on that basis. If necessary you mustask the applicant further questions in order to find out whether or not they left the UK.

If the applicant made the application after they left the UK, you must reject it under

paragraph 34M with reference to 34Q of the Immigration Rules.

Overseas decisionsIf the administrative review is about a decision on an out of country application, theadministrative review application must be made while the applicant is overseas. If you haveevidence that the applicant made the administrative review application from within the UK,you must reject it under paragraph 34M with reference to 34Q of the Immigration Rules.

Paragraph 34R: time limi t An in country request for administrative review of an eligible in country or border decisionmust be made within 14 calendar days after the date on which the person received the

decision, for migrants who are not detained, or for those in immigration detention, 7 calendardays after the date on which they received the decision.

If the request is about a decision made overseas or at the juxtaposed controls in Paris,Brussels, Dunkirk, Coquelles, Calais and Lille, the application must be made within 28calendar days after the date on which the person received the decision.




The first day of this period is the first day after the migrant received the decision. Forexample, if the migrant received the decision on 07 June, the first day when calculating thedeadline is 08 June.

If the eligible decision is sent by post to an address in the UK, it is regarded as having beenreceived on the second working day after the day on which it was posted, unless there isevidence to prove it was received on a different date.

If the eligible decision is sent by courier to an address in the UK, it is regarded as havingbeen received on the day on which it was delivered unless there is evidence to prove it wasreceived on a different date. The delivery date is the date on which the person signed for thepackage.

If the eligible decision is sent by post to an address outside the UK, it is regarded as havingbeen received 28 calendar days after the day on which it was posted, unless there isevidence to prove it was received on a different date.

If the eligible decision is sent by email, it is regarded as having been received on the day onwhich it was sent, unless there is evidence to prove it was received on a different date. If themigrant claims they received the in country or overseas decision on a later date, it is theirresponsibility to show when it was actually received.

An in country request for administrative review of an eligible decision to grant leave must bemade within 14 calendar days after the date when the applicant received their biometricresidence permit (BRP, also referred to as a biometric immigration document or BID). BRPsare delivered by courier and must be signed for by the applicant. The first day of the 14calendar day period is the day after the date on which the applicant signed for the BRP. For

example, if the BRP was signed for on 11 June, the first day of the 14 calendar day period is12 June.

Applications submitted after the deadline has expired must normally be rejected. The onlyexception to this is where the Secretary of State is satisfied that it would be unjust not towaive the time limit and the application was made as soon as reasonably practicable.




The migrant may need to provide evidence to demonstrate why the Secretary of Stateshould decide that it would be unjust not to accept the out of time administrative reviewapplication.

For example, if the migrant was prevented from making an in time application because theywere admitted to hospital as an emergency admission for immediate treatment and a periodof recuperation, a letter from the consultant will verify the dates of admission and dischargeand the nature of the emergency treatment. In this case the migrant must make theapplication as soon as they are well enough to do so. It would not be acceptable to furtherdelay making the application.

The time limit will not be waived if there is no compelling reason why it was not possible tomake an in time application. For example, the following would not be acceptable reasons.The applicant:

• forgot about the deadline

• had problems with their computer or internet connection• wanted to discuss their case with an advisor who wasn’t available

• had a minor illness for a few days during the 14 or 7 day period

• had to care for a sick child who was off school with a mild illness for a few daysduring the 14 or 7 day period

In such cases the Secretary of State is unlikely to be satisfied that it would be unjust not towaive the time limit.

If any of these requirements are not met, you must reject the application under paragraph34M with reference to 34R of the Immigration Rules.

Paragraph 34S: dependants An applicant can only include a dependant in their administrative review request if thatperson was a dependant on the original immigration application that led to the eligibledecision.




A child aged over 18 who was legitimately included in the application that is the subject ofthe administrative review, or was legitimately included but has reached the age of 18 sincethat date, may be included in the application.

If the applicant includes a dependant, who was not on the original application, you mustreject the application for the dependant under paragraph 34M with reference to 34S of theImmigration Rules. You must not reject the rest of the application unless it is also invalid forother reasons.

For information see paragraph 34S of related link: Immigration Rules – part 1.

Caseworkers must not accept a request for administrative review that does not meet the‘eligible decision’ criteria set out in Appendix AR Administrative Review AR3.2 of theImmigration Rules. See related link: Decision which are eligible for review.

If you are unsure whether to accept the reconsideration request, you must refer the case toyour manager for advice.

RepresentativesIf the applicant changes their representative, or appoints one for the first time, before youaccept the change of representative, you must check:

• they have given us written authorisation for the representative to act on their behalf

• any new representative the applicant nominates is either:o regulated by the Office of the Immigration Service Commission (OISC)o a solicitor or barrister

To accept a change of representative, you must update CID with the new contact details.

If you reject the requested change of representative because you have not received therequired authorisation or the representative is not appropriately regulated, you must write tothe applicant and their proposed representative informing them you cannot correspond withthe new representative about the application.




Rejecting the change of representative is not a reason for rejecting the administrativereview.





Fee and payment exemptions




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This page tells you what fee the applicant must pay for an administrative review and how toconsider claims that a person is exempt from paying the fee.

Administ rat ive review fee An applicant who applies for an administrative review of an eligible in country or borderdecision must pay a fee of £80. There is no additional fee for reviewing the decision(s) inrelation to any dependants of that person who were legitimately included in the originalapplication.

There is currently no fee for the administrative review of an overseas decision.

Payment exemptions An applicant will be exempt from paying the administrative review fee if they:

• were exempt from paying for their original application or the fee for their originalapplication was waived, that is, the application was accepted without a fee

• previously applied for administrative review in relation to a decision on the sameoriginal application, and the outcome of the review (and any subsequent reviews) wasthat the original decision was maintained, but for different or additional reasons tothose specified in the original decision

You must not reject an administrative review application for non-payment of the fee if theapplicant was exempt from paying it.

Fee waiver due to exceptional circumstancesThe fee may also be waived if the applicant is able to demonstrate that, as a result ofexceptional circumstances, they are unable to pay the fee. If a person wishes to apply forthis waiver, they must explain the reasons for their claim on the application form.

You must carefully assess any application for a fee waiver due to exceptional

In this section

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circumstances. It will rarely be appropriate to grant such an exemption. In most cases it willbe assumed that:

• if the applicant paid the fee for the original application, they will be able to pay theadministrative review fee (or have someone pay it for them on their behalf)

• any applicant who met a maintenance or accommodation requirement in the original

application will be able to pay the fee for administrative review

You must consider applications for fee waivers due to exceptional circumstances on acase by case basis and on their own individual merits. Base your initial assessment onthe information provided on the administrative review form. If you judge that the waiverapplication may succeed, you can request further evidence from the migrant about theirfinancial circumstances to support their claim, if this is required.

The type of evidence required will be dependent on the applicant’s personalcircumstances. For example, you may need:

• details of income, savings, or capital• notices threatening legal action due to non-payment of bills or housing costs

• any other information that you think is appropriate to explain why the applicantcannot pay the fee or have the fee paid for them because of exceptionalcircumstances

To grant an fee waiver you must be satisfied that the:

• applicant cannot pay the fee and there is no one such as a family member, friend orsponsor who can pay it for them

• inability to pay the fee is due to exceptional circumstances

• existence of the circumstances claimed have been proved

• the circumstances are short-term and will not affect the applicant’s ability to maintainand accommodate themselves, if this is a requirement of the category of theImmigration Rules under which the application was made

An example of an exceptional circumstance would be where the applicant was the victim of




financial fraud which prevented them from accessing their funds. They were unable toresolve the issue because the Home Office had retained documents needed by the bank,such as passports, because their leave had expired while the application was outstanding.

Acceptable evidence of this may include police reports and letters from their bank.

If the claim did not meet the high threshold for a fee waiver, you must advise the migrantthat the request for a fee waiver has been refused and invite them to pay the fee within 7working days of the day of the request. If the migrant fails to pay the fee by the end of thisperiod, you must reject the application for non-payment of the fee.

If the applicant’s claim for a fee waiver meets the high threshold, you must accept theapplication without a fee and process it as normal.

In all cases you must fully record your consideration and reasons in CID case notes. If youreject the claim for a fee waiver, you must explain to the applicant in the rejection letter whytheir claim has not been accepted.

If you are unsure about whether to accept an application without a fee, you must ask yourmanager for advice.

RefundsIf the outcome of the administrative review is that the decision on the original application iswithdrawn and leave is granted, the Home Office will refund the fee. This includes reviews ofgranted cases where the outcome of an administrative review is that the original grant ofleave was issued for the wrong period, or subject to the wrong conditions.

The fee will also be refunded if the administrative review application is rejected as invalid.





Rejecting a request for administrative review




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administrative review Consideration Applicant’s status aftersubmitting a request foradministrative review How to withdraw anapplication for

This page explains the process for in country caseworkers and border officers to followwhen they reject an invalid request for administrative review.

Entry clearance managers processing out of country administrative review requests mustfollow local processes when they reject invalid requests in line with the Immigration Rules.

Rejecting a request for administrative reviewIf your initial checks confirm you cannot accept the request for administrative reviewbecause it is invalid, you must:

1. Produce and complete the standard ARN.0001 ‘Administrative Review Rejection’ letter,using DocGen, and send it to the applicant, or their representative if they have one.Explain in the letter that you cannot consider the administrative review request, state

the reason(s) for rejection and that you are asking for a refund of the fee, if one waspaid.

2. Update CID to show the date the administrative review was received and the date onwhich it was rejected, the reason(s) for rejection and the paragraph(s) of theImmigration Rules under which it is being rejected.

3. Where applicable, initiate the refund process by completing the ICD.3463 template andsending it to the charging operations team

4. retain any valuable documents when required by the ‘Retention of valuable documents’policy

The table below lists the CID outcomes to use when recording the rejection.

Outcome Usage Comments

AR Received Every attempted initial ARthat we receive

All AR applications must berecorded on the system assoon as possible as they area barrier to removal

In this sectionContact

Information owner





AR Validated When the caseworker hasconsidered whether theapplication is valid

This outcome does notmean that the administrativereview is valid. It is used torecord the date on whichvalidation took place.

AR Rejected When the AR is invalid forany reason

The reasons for rejectionmust be recorded in CIDnotes.

AR Completed Where the AR process iscomplete. For rejectedapplications, this will bewhere the application wasrejected and the timescalefor making an in timeapplication has expired.

You must also enter thecorrect ‘Stats category’ inCID. This is either:

• AR Completed - S120issued

• AR Completed - S120not issued

You must always issue aS120 notice where the

migrant’s leave has expired.You must not issue a S120notice if the migrant still hasvalid leave.

Further AR Received Every attempted second orsubsequent AR that wereceive

Having another outcome forfurther AR requests enablesthese to reported on in MI.





Consideration About this guidance Key facts: In countryadministrative review

Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors which

may be raised inadministrative review Requests which cannot

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Validation requirements Fee and paymentexemptions Rejecting a request foradministrative review

Consideration Applicant’s status aftersubmitting a request foradministrative review How to withdraw anapplication for

This section explains the consideration process for in country administrative review.

Border force officers must follow the guidance on administrative review contained in the

Border Force operations manual when they consider requests. Entry clearance managersprocessing out of country administrative review requests must follow their local processesfor making checks, recording the decision and issuing letters when considering invalidrequests in line with the Immigration Rules.

Considering the request for administrative review Administrative reviews will be carried out by a separate team that is independent from theteam who made the original decision maker. This is because a review must be consideredby a different person to the one who made the original decision. This will make sure there isindependence and transparency in the review process.

If you are given an administrative review case to consider and you were the original decisionmaker or reviewer, you must refer the case to your manager so it can be re-allocated toanother caseworker.

You must never carry out an administrative review of a decision on a case that you:

• originally considered

• were involved in considering

• previously reviewed

In this sectionHow to consideradministrative review

application Administrative reviewdecisions Refunds Liability for removal

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Information owner





How to consider an administ rative review application About this guidance Key facts: In countryadministrative review



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This page explains the consideration process for conducting the administrative review.

Initial Checks

Before you consider a request for administrative review, you must check that the case hasbeen correctly validated and is valid.

For more information on validation, see related link.

Considering the requestYou must:

• normally only consider the specific aspects of the decision the applicant orrepresentative challenges in their administrative review request -if it becomes clearduring your review that that the original decision contained errors which the applicant

or representative has not identified, you must also correct those errors• carefully consider all the claimed errors raised in the application and address each of

them in the decision

• request additional information if the applicant is allowed to provide it and you need it toconduct the review

• not consider any new evidence or information, unless it impacts upon the decision andthe applicant is allowed to provide new evidence under paragraph AR2.4 of Appendix

AR of the Immigration Rules

• consider if correcting the casework error would change the outcome of the originaldecision (whether or not the outcome of the administrative review is that the original

decision is overturned)

Evidence and Information Additional evidence may only be provided if it proves that:

• the original decision maker has not considered all the evidence submitted with the

In this section

Links to staff intranet

removed

External l inks Associated ProvincialPicture Houses Ltd vWednesburyCorporation (1948)

Appendix AR

http://www.bailii.org/ew/cases/EWCA/Civ/1947/1.html
















original application

• the original decision maker has reached an unreasonable decision on the credibility ofthe applicant, where the Immigration Rules allow the original decision maker toconsider credibility

• proves that documents provided with the original application were genuine

• the original decision maker has incorrectly refused an application on the basis that it

was made more than 28 days after leave expired

Requesting fu rther informationIf you need to request additional information or evidence to assess an error and the migrantis allowed to provide additional evidence, you must write to the applicant and request itusing an ICD.0006: ‘Request Documents & Information General’ template.

You must request the evidence if the migrant claims that one of the 4 errors listed above, inevidence and information, has been made and they state they have additional evidence.You must edit the template as appropriate and state that you are giving the applicant 7working days to respond if you need additional evidence.

You must allow an extra 2 days for the letter to pass through internal mail. If the applicantdoes not respond within this timescale you must make a decision based on the evidenceavailable unless there are exceptional reasons why the deadline should be extended.

An example of an exceptional reason is where the applicant can show that it would not bepossible to get the evidence before the deadline because it has to be obtained or postedfrom overseas and will not arrive in time.

Ineligible evidenceYou must not consider ineligible evidence under any circumstances. Ineligible evidence is

any evidence that the applicant is not allowed to provide under paragraph AR2.4 of Appendix AR.

Reviewing credibili ty refusalsWhen considering an application for administrative review on the basis that the originalcaseworker made a caseworking error when assessing the credibility of the applicant, the




correct test to apply is whether it is more likely than not, based on the evidence and factsavailable, that the original decision maker made the right decision that applicant is notcredible.

For example, when considering whether an applicant is a ‘genuine student’, the originalcaseworker has to decide, based on the evidence provided and any interview conducted,whether the applicant is a genuine student. To review a decision to refuse on credibilitygrounds, you must check whether the original caseworker made an error in reaching thedecision that the applicant was not genuine.

You must decide whether any errors were made in following the relevant rules andguidance, based on:

• the information supplied with the application

• any interview undertaken

• the caseworker’s reasoning in their case notes and decision notice

You must then consider whether, based on those factors and that information, it is morelikely than not that the original caseworker made the right decision. However you must limityourself to following the original casework steps and considering whether, on the basis ofthe evidence before the original caseworker, the decision to refuse on credibility groundswas correct. You should not, for example, make a fresh decision about whether to invite theapplicant to attend an interview. You are considering whether the correct rules and processwere used and whether the decision was more likely than not to be correct, not remaking thedecision.

If you find that the original decision maker followed the rules and guidance correctly and thatit is more likely than not that the rules and guidance were applied correctly, you must

maintain this refusal reason.

If you find that the original decision maker followed the correct rules and guidance but it ismore likely than not that errors were made in applying them, such that the wrong conclusionwas reached, you must withdraw this refusal reason. If the application meets all the otherrequirements of the immigration rules, you must overturn the refusal decision and grant




leave.

If you find that the original decision maker followed the correct rules and guidance but madeerrors in applying them such that the original decision to refuse on that basis was correct butthe reasons given in the decision notice were defective, you must maintain the refusal forthis reason but explain the reasons for the decision correctly in the administrative reviewdecision letter. As the applicant will not have been refused for these reasons before, theyare entitled to a second administrative review of the decision.

Reviewing genuine vacancy refusals A review request may claim that the original decision maker made an incorrect decision torefuse an application on the ground that a genuine vacancy did not exist.

The correct test to apply when assessing the decision that a genuine vacancy does not existis whether it is more likely than not that the original caseworker’s conclusion that thevacancy is not genuine is correct.

You must follow through the steps the original caseworker took in reaching the decision. Thereasoning should be set out in the case notes and refusal letter in terms of the factorsconsidered and what, if any, information was requested.

Based on the information supplied with the application and the caseworker’s reasoning intheir case notes and decision notice, you must decide whether any errors were made infollowing the relevant rules and guidance. You must then consider whether, based on thosefactors and that information, it is more likely than not that the original caseworker’s decisionto conclude that the vacancy is not genuine is correct. You must limit yourself to followingthe original casework steps and considering whether it is more likely than not that theoriginal decision was correct. You should not make a fresh decision about whether to

request additional information from the migrant or their sponsor. You are consideringwhether the correct rules and process were used and whether the decision was correct, notremaking the decision.

If you find that the original decision maker followed the rules and guidance correctly and thatit is more likely than not that the rules and guidance were applied correctly, you must




maintain this refusal reason.

If you find that the original decision maker followed the correct rules and guidance but it ismore likely than not that errors were made in applying them, such that the wrong conclusionwas reached, you must withdraw this refusal reason. If the application meets all the otherrequirements of the immigration rules, you must overturn the refusal decision and grantleave.

If you find that the original decision maker followed the correct rules and guidance but madeerrors in applying such that the original decision to refuse on that basis was correct but thereasons given in the decision notice were defective, you must maintain the refusal for thisreason but explain the reasons for the decision correctly in the administrative reviewdecision letter. As the applicant will not have been refused for these reasons before, theyare entitled to a second administrative review of the decision.

Change of circumstances As defined in paragraph AR2.1 of Appendix AR, administrative review is the review of an

eligible decision to decide whether the decision is wrong due to a case working error. Thereview is concerned with the facts and circumstances of the case as it was on the date ofthe original decision.

If there has been a change of circumstances which may affect whether the original decisionshould now be maintained, you must:

• not consider the new circumstances when you review the decision to determinewhether there has been a case-working error

• review the original decision in accordance with the administrative review rules andguidance

If the result of your review is to withdraw the original decision (the outcome defined inparagraph AR2.2(a) a of Appendix AR), the new circumstances can be taken into accountwhen the decision is remade. This will be a new decision and will have a fresh right ofadministrative review.




Suspended or revoked sponsor licencesIf you are considering a valid administrative review application and find that the sponsorlicence has been suspended or revoked since the original decision was made, you mustalso follow the additional guidance for these cases: see related link.





Suspended or revoked sponsor l icences About this guidance Key facts: In countryadministrative review



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This page explains how the consideration process for conducting the administrative reviewis affected if the sponsor licence is suspended or revoked.

Suspended or revoked sponsor licencesIf you are considering a valid administrative review application and find that the sponsorlicence has been suspended or revoked since the original decision was made, you mustconsider the case as below.

Sponsor licence suspendedConsider the administrative review as normal.

If you uphold the decision, issue a decision on the administrative review as normal.

If you find that a refusal decision is incorrect and leave should have been granted, you must

rectify the error and issue a new decision.

The table below gives more details of the possible outcomes of the review and what youmust do in each case.

Sponsor li cence revokedConsider the administrative review as normal.

If you uphold the decision, issue a decision on the administrative review as normal.

Withdraw the incorrect decision if you find that either:

• a refusal decision is incorrect and leave should have been granted

• a grant is incorrect and different length or conditions of leave should have beenissued

You must remake the decision and refuse the application because the applicant’s former

In this section Administrative reviewdecisions

Refunds Liability for removal

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Appendix AR

















sponsor is no longer able to sponsor the migrant.

The table below gives more details of the possible outcomes of the review and what youmust do in each case.

For in country Tier 4 cases only You must write to the migrant to tell them the outcome of the administrative review and give

them 60 days to find a new sponsor before you make a new decision on the application ifboth the:

• original refusal is overturned

• case could be approved but for the fact that the Certificate of Acceptance of Studies(CAS) relating to the application has become invalid following revocation of thesponsor licence

If there are other grounds for refusing the application (including where the applicant has notbeen a genuine student at their institution or has participated in the practices that may have

contributed to their Tier 4 sponsor’s licence being revoked). If the migrant still has existingleave and no longer qualifies for it or may have engaged in adverse behaviour, refer thecase to the Manchester curtailment team to consider curtailing their leave. Do this byemailing the curtailment team with the details about the case.

For more information, see:

• Patel guidance - step by step guide

• Tier 4 Policy Guidance

• Sponsor a Tier 4 student: guidance for educators

Original outcome Was the originaldecision correct?

Review outcomeif licencesuspended

Review outcomeif l icence revoked

Appl icationapproved – incountry only

Yes Maintain decision.No refund

Maintain decision.No refund.




Refer case tocurtailment team toconsidercurtailment ofleave.

No. Errors in grantof leave found onreview.

Correct decision,issue new BRP.Issue refund.

Notify migrant thatthere were errors inthe originaldecision. Issuerefund but do notissue new BRP.

Withdraw originaldecision andremake it in thelight of therevocation.

For Tier 4 migrantswho qualify underthe concessionarypolicy set outabove, give them60 days toregularise their staybefore decidingtheir application.

Appl ication

refused

Yes Maintain refusal

decision.No refund.

Maintain refusal

decision.No refund.

No. Errors found –no new refusalreasons found.

Maintain refusaldecision.Remove incorrectrefusal reasons.

Maintain refusaldecision.Remove incorrectrefusal reasons.




No refund. No refund.

Do not withdrawand remakedecision.

No. Errors found –new refusalreasons that wereoriginally missed.

Maintain refusaldecision. Add newrefusal reasons toupdated decisionletter. No refund.

Maintain refusaldecision. Add newrefusal reasons toupdated decisionletter. No refund.

Do not withdrawand remakedecision.

No. Errors found –application shouldhave been

approved.

In country: Correctdecision. Issue newBRP. Issue refund.

Out of country: putcase on hold until afinal decision hasbeen taken on thesponsor’s licence.

Notify migrant thatthere were errors inthe original

decision. Do notissue approval orBRP.

Withdraw originaldecision andremake it in thelight of therevocation.

For in country Tier

4 migrants whoqualify under theconcessionarypolicy set outabove, give them60 days to




regularise their staybefore decidingtheir application.





Administ rat ive review decisions

About this guidance Key facts: In countryadministrative review Key facts:



be made using




This section tells you what to do once you have reconsidered an in country immigrationdecision following a valid administrative review application.

Border force officers must follow the guidance on administrative review contained in theBorder Force operations manual when deciding requests. For more information, see relatedlink.

Entry clearance managers processing out of country administrative review requests mustfollow local processes for making checks, recording the decision and issuing letters whendeciding valid requests in line with the Immigration Rules.

Recording details of the review decisionIt is important to record all the following details of the review on CID:

• check that the new outcomes ‘AR Received’ and ‘AR Validated’ have been added inthe CID outcome field

• add the decision to the CID outcome field, from the list of administrative review CIDoutcomes (see related link)

• every point raised by the applicant, or representative, and the Home Office response tothose points on the ‘case notes’ screen

This makes sure there is a clear audit trail so:

• the applicant will not get a second review unless they are entitled to one

• any future legal challenge about the review can be robustly defended

Handling of case papersYou must keep the following information on file or as an electronic copy:

• the administrative review application

In this sectionHow to consideradministrative reviewapplication Refunds Liability for removal

Administrative review:change the decision

Administrative review:maintain the decision.

Administrative review:maintain the decision

and correct errors Administrative review:

CID outcomes

Related links

Links to staff intranetremoved

External l inks





• any relevant case papers such as letters responding to information requests

If the applicant still has valid leave when they receive the administrative review decision, forexample where the administrative review is about a decision to grant leave, or the outcomeof the review is to grant leave, you must return any documents including the passport tothem with the decision letter.

You must not return any valuable documents to the applicant if their leave has alreadyexpired or will end when the administrative review is no longer pending and they are liable tobe removed. These documents must be retained and handled in line with the retention ofvaluable documents policy.

You must keep the documents to assist the immigration, compliance and enforcement (ICE)in enforcement activity.

For more information, see Retention of valuable documents.

You must send any documents you keep for linking to the Home Office file, if one exists. Ifthere is no Home Office file, either:

• send the documents for linking to the CRS file, for reviews of granted applicationswhere the overall decision to grant leave is not changed

• create a new file if one does not exist as you need one to store any paper documentssuch as letters. For information on how to create files on RMS, see Record servicesguidance (borders, immigration and visas)

The administrative review decision letterYou must inform the migrant, or their legal representative (if they have one) of the outcome

of the review in writing, using the correct letter templates. For more information on whatletters to produce, see links below:

• administrative review: change the decision

• administrative review: change the reasons for the decision

• administrative review: maintain the decision




The content of your letter may form part of any following judicial review that challenges thedecision. It is important that your letter is:

• clear

• concise

• responds to all points the applicant or their representative raise in the administrativereview

For more information on judicial reviews, see link on left: Reconsiderations, Appeals andJudicial Reviews.




Administrative review

Administ rat ive review: change the decision

About this guidance Key facts: In countryadministrative review



be made using




This page tells you what to do when you have considered an administrative review requestand have found an error in the original decision that changes the decision. The error mayeither be in relation to the decision to refuse leave, or the decision in relation to the grant of

leave.

In each of these cases you must withdraw and remake the decision. Therefore the migrant isentitled to a refund of the administrative review fee.

Change an original refusal decision to a grant If you withdraw and remake the original decision because it was incorrect and theapplication should have been granted, you must grant leave that is appropriate to theoriginal application. The start date of the leave granted is the date you withdraw the incorrectprevious decision and make a new decision.

If the migrant made an in time application and their leave has now expired, they will becovered by section 3C leave, so there is no break in the continuity of the migrant’s leave.

For more information on section 3C leave, see link on left: Applicant’s status after submittinga request for administrative review. See also related link: 3C and 3D leave.

You must issue the appropriate approval letters and an ARN.0004 ‘Administrative ReviewChanged Decision’ covering letter, from DocGen.

Official sensitive: do no disclose: start of section

The information in this page has been removed as it is restricted for internal Home Officeuse only.

In this section Administrative review:maintain the decision.

Administrative review:maintain the decisionand correct errors

Administrative review:

CID outcomes

Related linksLinks to staff intranetremoved





Official sensitive: do not disclose: end of section

Rectifying errors on granted decisionsIf the administrative review is about an approved application, such as the period of leavegranted or condition code, you must rectify any errors you identify.

If you find that the original application should have been refused when considering whetherleave has been granted in error, you must withdraw the decision and issue a new decision.The migrant will have a right of administrative review against the new decision.

If the approval decision was correct but the type or length of leave granted was incorrect,you must issue a new biometric residence permit stating the correct conditions of leave.

You must issue updated approval letters and an ARN.0004 ’Administrative Review ChangedDecision’ covering letter, using DocGen.

You must also refer the case to the Manchester curtailment team for curtailmentconsideration if the applicant’s circumstances have changed so that they no longer qualifyfor their leave, for example if a student has stopped studying. Do this by emailing thecurtailment team with the details about the case.

For more information about curtailment, see related link.





Administ rat ive review: maintain the decision. About this guidance Key facts: In countryadministrative review



be made using




This page tells you what to do when you have considered the original immigration decisionand decide it was entirely correct.

If you maintain the original decision because no errors were made, you must tell theapplicant or representative of the outcome in writing.

This applies both where the original application was either:

• refused

• approved and the applicant asked for a review of the type or length of leave granted

You must use the following DocGen letter template:

• ARN.0003 ’Administrative Review Maintain Decision’ – to maintain refusal

• ARN.0003X ’Administrative Review Maintain Decision’ – to maintain original grant ofleave

You must explain in the letter why the decision was correct, addressing each claimed errorraised in the administrative review application.

You do not need to produce a new immigration decision notice if you do not find any errorsand maintain the original decision. You must not give the applicant a further right ofadministrative review. This is because the administrative review decision is not a newimmigration decision on the original application and therefore does not generate a new rightof administrative review or a right of appeal.

The applicant cannot request a second review or ask for the decision to be reconsidered.

If the applicant’s leave has expired and they are still in the UK you must include a section120 notice to the applicant in the decision letter. This is a notice to the applicant to say theymust now tell the Home Office about any other reasons why they should be allowed to

In this section


change the decision Administrative review:maintain the decisionand correct errors


CID outcomes





remain in the UK.

Applicants will normally be expected to respond to such a notice by either makingarrangements to leave or making a further charged application.





Administ rat ive review: maintain the decision and correct errors About this guidance Key facts: In countryadministrative review



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This page tells you what to do when you have considered the original immigration decisionand have found it was correct but there were errors in the reasons for the decision.

Changing the reasons for refusalIf you consider a refusal decision and find some errors in the reasons for the decision, butdecide the original decision was correct you must maintain the original refusal of theapplication.

There are three possible outcomes if you find errors.

Outcome 1You may find that the overall decision was correct where:

• some of the original reasons for refusal were incorrect

• the other original refusal reasons were correct

In this case you must withdraw the incorrect refusal reasons by issuing a new letter with theincorrect reasons removed, but maintain the original decision.

Outcome 2You may find that the overall decision was correct where:

• some of the original reasons for refusal were incorrect

• the other original refusal reasons were correct

• there are other refusal reasons which should have been included in the originaldecision

In this case you must withdraw the incorrect refusal reasons. You must make and serve anew decision using the correct original refusal reasons and the new reasons.

Outcome 3

In this section Administrative review:change the decision

Administrative review:maintain the decision. Administrative review:

CID outcomes

Links to staff intranetremoved





You may find that the overall decision was correct where:

• all of the original reasons for refusal were incorrect

• there are other refusal reasons which should have been included in the originaldecision

In this case you must withdraw the incorrect refusal reasons. You must make and serve a

new decision using the new correct refusal reasons.

The decision letters If you maintain the original decision with errors, you must tell the applicant or representativeof the outcome in writing, using the ARN.0004 ’Administrative Review Changed Decision’letter template on DocGen. As this is a covering letter you must also produce a newimmigration decision letter, using the decision letter template for the application type.

You must explain in the new decision letter why the overall decision was correct, addressingeach claimed error that was raised in the administrative review application.

The applicant is entitled to a second administrative review of the decision if any new refusalreasons have been added. This is because they have not previously had a chance tochallenge those reasons.

You must make sure the new decision letter correctly states whether there is a right ofadministrative review. The applicant is only entitled to apply for a second administrativereview if the outcome of the previous administrative review is that there are new oradditional refusal reasons.

The applicant is not entitled to a refund of the administrative review fee but will not be

charged for the second administrative review.

If the applicant’s leave has expired and they are still in the UK you must include a section120 notice to the applicant in the decision letter. This is a notice to the applicant to say theymust now tell the Home Office about any other reasons why they should be allowed toremain in the UK. Applicants will normally be expected to respond to such a notice by either




making arrangements to leave or making a further charged application.




Administ rat ive Review

Administ rat ive review CID outcomes




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This page tells you about the various outcomes on CID for in country administrative review.

Outcome When used Comments Refundfee?

Canmakeunpaidsecond

AR?

AR Recei ved Every attemptedinitial AR that wereceive

All ARapplications mustbe recorded onthe system assoon as they arereceived as they

are a barrier toremoval

N/A N/A

AR NotRequested

Where the migrantdoes not raise an ARwithin the required14 or 7 calendar daytimescale

The migrant couldsubsequentlysubmit an out oftime AR and claimexceptionalcircumstances.

N/A N/A

AR Validated When thecaseworker hasconsidered whether

the application isvalid

This outcomedoes not meanthat the

administrativereview is valid. Itis used to recordthe date on whichvalidation tookplace.

N/A N/A

In this section

Administrative review:change the decision

Administrative review:maintain the decision.

Administrative review:maintain the decisionand correct errors





AR Rejec ted When the AR isinvalid for anyreason

Used for allrejections

Yes No

AR Withdrawn When the AR iswithdrawn for anyreason

Could bewithdrawn byrequest frommigrant, because

they request theirpassport for travelor because theytravel outside UK

No No

AR Deci sionMaintained

No errors found No newimmigrationdecision issued.

No No

Refusal reason

withdrawn

No newimmigrationdecision issued.

No No

Errors found inoriginal refusal No newimmigrationdecision issued.

No Yes

AR Deci sionOverturned

Condition codedepends onoutcome.

AR DecisionOverturned - GrantLeave (when arefusal is overturned

and leave granted)

The caseworker orimmigration officer(IO) would thenhave to enter anew immigrationdecision from thestandard list.

Yes No


The caseworker orimmigration officer(IO) would thenhave to enter a

Yes No




AR DecisionOverturned - RefuseLeave (when a grantis overturned and arefusal decisionissued)

new immigrationdecision from thestandard list.


AR Error in Grant ofLeave (where leaveis granted withdifferent expirydate/conditions ofleave)

The caseworker orimmigration officer(IO) would thenhave to enter anew immigrationdecision from thestandard list.

Yes No

AR Completed You must also enterthe correct ‘Statscategory’ in CID.This is either:

• AR Completed -S120 issued

• AR Completed -S120 not issued

You must always

issue a S120 noticewhere the migrant’sleave has expired.You must not issue aS120 notice if themigrant still has valid

Signals the end ofthe AR process

N/A N/A




leave.Further ARReceived

Every attemptedsecond orsubsequent AR thatwe receive

N/A N/A





Refunds




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This page tells you when a migrant qualifies for a refund of the fee paid for their application.

When to refundThe application fee must be refunded to the applicant if the:

• application is invalid and is rejected

• eligible decision is withdrawn and leave granted to correct an error identified by theadministrative review, in accordance with paragraph AR2.2(a) of Appendix AR - Thisincludes both cases where the review is about:o a refusalo the type or period of leave granted

• eligible decision is withdrawn and an application which was granted is now refused

If the applicant is eligible for a refund you must start the refund process by completing theICD.3463 refund request template in CID. Send the completed refund request template tothe charging operations team.

Applicants can submit a paid administrative review request if the administrative review:

• succeeds, you grant leave but the migrant believes there was an error in the type orlength of leave granted

• results in a decision to grant leave being overturned and a refusal issued

In these cases the administrative review request will be the first one in respect of the new

decision rather than a second administrative review request of the original decision, whichhas been withdrawn.

When not to refundThe fee cannot be refunded if the result of the review is that the decision is maintained inaccordance with paragraph AR2.2(b),(c) or (d) of Appendix AR.

In this sectionHow to consideradministrative reviewapplication

Administrative reviewdecisions Liability for removal





Applicants can submit a second unpaid administrative review request if you have addedgrounds to the refusal the migrant has not previously been aware of, and the migrantbelieves there is an error in these new grounds.

The CID outcome that show the applicant is entitled to request a second unpaidadministrative review is:

• AR Decision Maintained – with the CID Stats Category ‘Errors found’

• in original refusal

Applicants cannot submit a second administrative review request if there were no errors inthe original decision or no new refusal reasons are added to the decision.





Liability for removal


Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review


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This page tells in country caseworkers what action to take for overstayers who make a validadministrative review application.

Individuals whose leave has expired before they make an application for leave too remainare overstayers. Normally overstayers are liable for removal action.

If an overstayer has made a valid administrative review application, they must not beremoved from the UK until the administrative review has been completed.

Paragraph AR2.9 of Appendix AR states that the Home Office will not seek to remove anapplicant from the UK while a valid application for administrative review is pending. This is toprovide the applicant with the same protection from removal as if they had appealed thedecision.

Once the administrative review process is concluded, you must restart removal actionunless leave has been granted.

In this section

How to consider

administrative reviewapplication

Administrative reviewdecisions Refunds





Appl icant ’s status after submit ting a request for adminis trative review


Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review


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This page tells you what happens to an in country applicant’s immigration status if theymake a request for administrative review.

Section 3C leaveSection 3C of the Immigration Act 1971, as amended by the Immigration Act 2014, protectsapplicants’ immigration status and prevents them from becoming overstayers while theyawait, appeal or apply for administrative review of a decision on an immigration application.

An applicant’s leave is extended under section 3C if both the following apply:

• applicant makes a valid application for an extension of stay before their leave expires(an ‘in-time application’)

• applicant’s leave expires before the application is decided or withdrawn

Section 3C extends the applicant’s leave and any conditions attached to it:

• until the application is decided or withdrawn (under section 3C(2)(a))

• for the period the applicant can make an in-time, in-country appeal (under section3C(2)(b))

• for the period whilst any appeal is pending (if the applicant is in the UK) (under section3C(2)(c))

• for the period whilst any administrative review of the decision either:o could be brought (if the applicant is in the UK) (under section 3C(2)(d)(i))o is pending (if the applicant is in the UK) (under section 3C(2)(d)(ii))

For further information on 3C leave, see related link.

In time administrative review applications An applicant’s leave will be extended under section 3C if they both:

Related links


External l inks





• make a valid application for further leave before their current leave expires

• are eligible to make an application for administrative review following refusal of theapplication

If an applicant does not make a request for administrative review following an eligible refusaldecision, their 3C leave ends on the last day on which they could have made an in timeadministrative review application. For information on the deadlines, see link on left:

Validation requirements.

If the applicant does make an in time administrative review application, their leave is furtherextended under section 3C while their administrative review is pending.

An administrative review is pending until one of the following occurs:

• it is rejected as invalid because it does not meet the requirements of paragraph 34Mto 34Y of the Immigration Rules

• it is withdrawn in accordance with paragraph 34X

•

the decision notice stating the outcome of the review is served on the migrant• an administrative review waiver form is signed and submitted

• a fresh application for entry clearance, leave to enter or leave to remain is made

Rejected applicationsIf an in time administrative review of an in time valid application is rejected, 3C leave endson the date that the review request is rejected.

The only exception is when the review request is rejected before the last day on which an intime administrative review may be brought, in which case 3C leave continues until that datehas passed. If the applicant makes a second in time administrative review that is valid, 3C

leave continues while that application is pending.

For more information on when an administrative review application must be made, see linkon left: Validation requirements.

Out of time applications




Where both the:

• applicant makes an out of time administrative review application in respect of anoriginal application that was in time

• Home Office accepts the administrative review as valid because it would be unjust notto consider the application.

Then 3C leave will continue from the date that we decide to reconsider the application. Inthis case the migrant will not be covered by 3C leave during the period between their leaveexpiring and the date on which we accept the out of time review application as valid.

If the applicant made their initial application out of time which is refused and applies foradministrative review of the decision, their leave is not extended under section 3C while thereview is outstanding as it has already expired.

They remain an overstayer but will not be removed while the application is pending. Thisdoes not mean the person has permission to stay or any entitlement to work. For furtherinformation, see related link: Liability for removal.

Second review requestsIf, as a result of the first administrative review, an applicant is entitled a secondadministrative review and submits one, their 3C leave will continue while the review ispending as described above.

Administ rat ive review of approved applicat ionsIf an individual applies for administrative review of the period or type of leave grantedfollowing an approved application, this will not change the grant of leave. The length or typeof leave granted will only be changed if the review is successful and a new grant decision is

issued.

If the individual’s leave expires while they are awaiting the result of the review, their leave isextended while the review is pending.

Effect of fresh application




If an applicant has made an application for administrative review which is pending, theadministrative review application ceases to be pending if the applicant makes an applicationfor entry clearance, leave to enter or leave to remain. The application for administrativereview ceases to be pending because effect of making the fresh application is to withdrawthe administrative review. The application for administrative review is withdrawn underparagraph 34X(4) of the Immigration Rules.

Administrative review also ceases to be pending if all the following apply:

• the applicant has not yet applied for administrative review of an eligible decision

• the time limit to apply for administrative review of the eligible decision has not yetexpired

• the applicant’s leave was extended under section 3C because the valid applicationwhich led to the eligible decision was made in time

• the applicant makes an application for entry clearance, leave to enter or leave toremain

The application for administrative review stops being pending under paragraph AR2.10(b) ofappendix AR.

In both the above cases, the date on which administrative review stops being pending is theday before the person makes the new application. For example, if the applicant submits thenew application on 22 July, their administrative review ceases to be pending on 21 July.

For more information on when an administrative review is withdrawn, see link on left: How towithdraw an application for administrative review.

If their leave was extended under section 3C, the day on which the administrative review

stops being pending is the last day of their section 3C leave. The new application istherefore made out of time on the first day after the applicant’s leave expired and does notfurther extend 3C leave.

Administ rat ive review waiver form Applicants in the UK who are eligible to apply for administrative review cannot make a fresh




application for leave if their existing leave is extended under section 3C.

Some applicants may want to make a fresh application for leave to remain instead of makingan administrative review application, for example when they realise they made a mistakewith their application.

Making an application for entry clearance, leave to enter or leave to remain stops the

administrative review from being pending and ends section 3C leave, as described in thesection above. It is therefore not necessary for applicants to complete an administrativereview waiver form to end 3C leave before they can make a fresh application.

A person whose leave is cancelled at the border and has a right to apply for administrativereview of the decision may wish to be removed immediately. The right to apply foradministrative review is a barrier to removal so the person may choose to remove thisbarrier by waiving their right to an administrative review. They do this by signing an‘administrative review waiver form’.

Before the immigration rules changes of 3 August 2015,if a person wanted to make a fresh

immigration application within 14 days of receiving their decision notice, they had tocomplete an ‘Administrative review waiver form’. By completing the waiver form, theyconfirmed that they will not apply for an administrative review of the decision. Therefore youmay also see in country administrative review applications where a person has previouslysigned an administrative review waiver form before the immigration rules changed.

Under paragraph AR2.10(a) of appendix AR, administrative review is no longer pendingwhen the waiver form has been signed. Signing the waiver form ends the person’s 3C leaveand they can then make a fresh application immediately rather than waiting for their 3Cleave to expire.

If a person has signed an administrative review waiver form, they cannot them make anadministrative review application. You must reject any such application because the right toseek administrative review has been waived.

An applicant cannot use the administrative review waiver form if they have already made an




administrative review application. They must withdraw the application if they no longer wishto continue it. For more information on withdrawing administrative review request, seerelated link.





How to withdraw an application for administrative review


Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors whichmay be raised inadministrative review Requests which cannot

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This page tells you how to withdraw a request for administrative review and what will happento the applicant’s status when the request for administrative review is withdrawn.

Withdrawing a request for administrative reviewThe Immigration Rules specify 4 ways an administrative review request can be withdrawn:

1. If the application may only be brought from within the UK and the applicant asks fortheir passport back so they can travel outside the UK - paragraph 34X(1).

2. If the applicant travels outside the UK - paragraph 34X(2).3. At the request of the applicant - paragraph 34X(3).4. If the applicant makes an application for entry clearance, leave to enter or leave to

remain - paragraph 34X(4).

Requesting the passport for travel An administrative review application which may only be brought from within the UK and ispending will be treated as withdrawn if the applicant requests the return of their passport forthe purpose of travel outside the UK. If the applicant made an in-time application, section 3Cleave ends on the date the application is withdrawn.

Travelling outside the UK An administrative review application which may only be brought from within the UK andwhich is pending will also be treated as withdrawn if the applicant leaves the UK. The datethe withdrawal takes effect is the date on which the applicant leaves. Section 3C leave willalso end on this date. You may find out that an applicant has left the UK if for example:

• they notify you of a new overseas address

• a border officer stops them when they attempt to re-enter the UK and contacts you toask about the applicant’s immigration status

An applicant who has withdrawn their administrative review by leaving the UK must not be

In this section

Related links

External l inks





allowed to re-enter for the purpose of resuming the administrative review.

Requests to withdraw the administrative review A request to withdraw an administrative review application must be made in writing by emailto the Home Office at the address provided on the visas and immigration pages of thegov.uk website, which is the email address for the administrative review team. Theapplication will be treated as withdrawn on the date the request is received.

A migrant may wish to withdraw their administrative review application if they realise theymade a mistake and the original decision was correct. They may instead wish to make afresh application for leave. They cannot submit a fresh application while the administrativereview is pending if they are covered by section 3C leave.

Making a fresh application An administrative review application which is pending will be treated as withdrawn if theapplicant makes an application for leave to enter or leave to remain. There is no need toemail a request to withdrawn the administrative review to the Home Office, as set out above.The administrative review will be withdrawn automatically.

You must check CID and, if the applicant is or may be overseas, CRS to see if a newapplication has been made while the administrative review was pending. if it has, you mustwithdraw the administrative review application.

How to process the withdrawal of an administrative reviewYou must record and process the withdrawal (on CID for in country cases) as soon aspossible.

You must tell the applicant or representative the review has been withdrawn in writing, usingthe ARN.0002 ’Administrative Review Withdrawal’ letter template on DocGen for in countrycases.

If the applicant’s leave has expired and they are still in the UK you must include a section120 notice to the applicant with letter confirming that the review request has beenwithdrawn. This is a notice to the applicant to say they must now tell the Home Office about




any other reasons why they should be allowed to remain in the UK. Applicants will normallybe expected to respond to such a notice by either making arrangements to leave or makinga further charged application.

If a migrant in the UK is requesting the return of their passport for travel, they must collect itfrom the airport where they are leaving the UK from. You must provide them with details ofthe voluntary departure team.

Ad i i t t i R i





Reconsiderations, Appeals and Judicial Reviews About this guidance Key facts: In countryadministrative review Key facts:

Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors which


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This page tells you how to consider applications for reconsideration, appeals and judicialreview for applicants who have a right of administrative review.

Reconsiderations An applicant who has a right of administrative review against an immigration decision mustmake an administrative review application to request any reconsideration of the decision ontheir application.

You must not accept any other type of reconsideration request about the decision eitherbefore, during or after the administrative review has taken place. This includes any requestfrom sponsors to review decisions or perform ‘error correction’ outside the administrativereview rules and process.

For more information on reconsiderations and how to reject a reconsiderations request, see

the reconsiderations policy.

AppealsIf an applicant has a right of appeal, they will not also be eligible to submit a request foradministrative review of the same decision. You must reject any application foradministrative review about a decision where there is a right of appeal.

If an applicant has a right to request an administrative review of an eligible decision, they willnot be entitled to an immigration appeal of that decision. If they try to appeal a decision atthe tribunal when there is no right of appeal, the Home Office will argue that the appeal mustbe rejected because the tribunal has no jurisdiction (legal authority) to hear it.

For more information see Invalid appeals.

Judicial reviewIf an applicant submits both a request for administrative review and commences pre-actionprotocol (PAP) or judicial review (JR) proceedings against the decision, you must process

d i i t ti i

th d i i t ti i id d it t th lid ti i t





the administrative review, provided it meets the validation requirements.

If the administrative review finds that the decision was correct, you must add the outcome tothe response to the PAP or the grounds of defence in the JR.

If the outcome of the administrative review is that the decision is overturned and leavegranted, the team handling the JR will seek to settle the JR on that basis.

The migrant may seek JR of the outcome of the administrative review. It is thereforeimportant that the decision letter fully and clearly addresses all issues raised in theadministrative review request. This will assist the team responding to the JR.

If the JR seeks to challenge the administrative review policy rather than an individualdecision, you must notify the appeals policy team in case they need to provide advice on theJR.

For more information about judicial reviews, see IDI chapter 27: Judicial review.

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Key facts: Administrative review atthe border Key facts: Overseasadministrative review Decisions which areeligible for review Decisions which are noteligible foradministrative review Claimed errors whichmay be raised inadministrative review Requests which cannot

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This page explains who to contact for more help when considering an application foradministrative review.

If you have read the relevant legislation and this guidance and still need more help with thiscategory, you must first ask your senior caseworker or line manager.

If the question cannot be answered at that level, you may use the related link: Email: Administrative operational policy.

Changes to this guidance can only be made by the guidance rules and forms team(GRaFT). If you think the policy content needs amending you must email the appeals policyteam, who will ask the GRaFT to update the guidance, if appropriate.

The GRaFT will accept direct feedback on broken links, missing information or the format,style and navigability of this guidance. You can send Email: guidance, rules and forms team.

In this sectionChanges to thisguidance

Information owner






Information owner




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This page tells you about this version of the ‘Administrative Review’ guidance and who ownsit.

Version 5.0Published for HomeOffice staff on

17 August 2015

Policy owner Administrative operational policy team

Cleared by director Sally WestonDirector’s role Head of Legal Strategy team

Clearance date 21 November 2014This version approved forpublication by

Sally Weston

Approver’s role Head of the Legal Strategy team

Approval date 06 August 2015

Changes to this guidance can only be made by guidance rules and forms team (GRaFT). Ifyou think the policy content needs amending you must email the administrative operationalpolicy team, who will ask the GRaFT to update the guidance, if appropriate.

The GRaFT will accept direct feedback on broken links, missing information or the format,style and navigability of this guidance. You can Email: guidance, rules and forms team.

In this sectionChanges to thisguidance

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