Administrative Review UK
- RSL Law
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Some kinds of visa application, if they are refused, do not have a right of appeal to the Immigration Tribunal. Instead they have the right to “Administrative Review UK”. This can apply to visa applications made both in the UK and outside the UK.
All points-based visas (Tiers 1, 2, 4 and 5) have the right to Administrative Review, as well as a few other categories such as Representative of an Overseas Business visa.
The Administrative Review is a process where the refusal is reviewed by an official of UK Visas and Immigration. This official is never the same official who made the original decision. If the reviewing official decides that the refusal decision was correct then the decision will stand. But if they decide that the refusal decision was wrong then they will overturn the decision and the migrant will get the visa they applied for.
The Administrative Review process does have some limits. It is in many cases not possible to submit new documents and new evidence with the application. The idea behind the process is to assess whether the UKVI official made a correct decision on the basis of the documents in front of him/her.
However, there is one important exception to this. If the refusal decision contained an allegation of deception then the migrant is allowed to produce new documents in an Administrative Review application to counteract the allegation.
In this situation the same principles apply as with a straightforward Administrative Review application. If the decision-maker considers that the finding of deception was wrong then the finding will be reversed. Even if the application was refused for additional reasons, a finding that the allegation of deception was wrong will be helpful to the migrant in future applications, because a visa application can be refused on the basis of a previous finding of deception.
An Administrative Review decision is not necessarily final. If an Administrative Review application is unsuccessful the migrant may be able to further challenge the decision by way of Judicial Review, which is conducted by the Immigration Upper Tribunal or, in some cases, the High Court.