The administrative review will be considered by another caseworker of the Home Office in order to determine whether the correct decision was made. If the decision is maintained, then an applicant may need to consider whether Judicial Review is appropriate to challenge the original and administrative review decision based on procedural fairness, irrationality or illegality.
Administrative review is a remedy available to applicants whereby the Home Office will review its own decision internally to determine whether a “caseworking error” has been made.
The following types of applications attract the remedy of Administrative review:
- Article 41 of the Additional Protocol to the European Community Association Agreement (ECAA) with Turkey
- In country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant
- In country Tiers 1, 2 or 5 made by either a main applicant or dependant, including indefinite leave to remain
- In country applications unless the applicant applied as a visitor or made a protection or human rights claim.
The Administrative review must be submitted to the Home Office no later than 14 days from the date the decision has been received. This deadline extends to 28 days if the original application was submitted out of country.
For administrative review matters, the typical services may include:
- Preparation and submission of Administrative review Grounds
- Further advice depending on the outcome of the review.
