Reviews and Appeals
Reconsideration, Administrative Review and Appeals
If you applied from within the UK, then you may be able to ask for the decision on your immigration application to be reviewed. This is known as a reconsideration request. It is different to a formal appeal or administrative review. It is important to note that you cannot request for a reconsideration if you have a right to appeal or a right to request an administrative review against the decision.
You can make a reconsideration request if you believe immigration rules or policies were not followed correctly by the decision maker when the decision was made.
You must be in the UK to make a reconsideration request.
You can only make a reconsideration request if you applied in the UK to:
Transfer your visa to a biometric residence permit – known as a ‘transfer of conditions’ (TOC);
Transfer your indefinite leave to remain to a biometric residence permit – known as ‘no time limit’ (NTL);
Extend your leave, switch your visa or settle in the UK.
You can even make a reconsideration request if your application for TOC, NTL or leave to remain was successful but you believe the type of leave to remain given or the expiry date of the leave to remain is wrong.
You can also make a request if your TOC or NTL application was refused and you have any of the following:
New evidence about the date of the application;
New evidence to prove that your supporting documents were authentic;
Evidence that information received by the Home Office before the decision date was not made available to decision maker.
These are the only kinds of new evidence that you can use. You cannot make a request if it relates to any other sort of new evidence that was not received by the Home Office before the decision date.
Your reconsideration request will be rejected if you:
Make a new application before or after you send the reconsideration request;
Have been given permission to stay in another visa category since the decision was made;
Have left the UK and your permission to stay has expired;
Were removed or deported from the UK;
Have already exhausted your appeal rights or lost your case in a judicial review application.
You can only make one reconsideration request.
You can only ask the Home Office to conduct an administrative review if you believe there has been a ‘case working error’ but only an ‘eligible’ decision can be reviewed. This is either the refusal of an application or its approval, but a review is sought of the period and/or conditions of leave granted by the Home Office. The decision must concern:
In country Tier 4 applications;
In country Tiers 1, 2 or 5 Migrant applications;
In country applications for leave to remain, unless the applicant applied as a visitor or made a protection claim or human rights claim.
For applicants overseas, an ‘eligible’ decision is a decision to refuse an application for entry clearance, unless it was made in the category of short-term student or visitor, or as a human rights claim.
Applicants from within the UK must make an administrative review request within 14 calendar days after the date on which the applicant received the decision. This is reduced to 7 calendar days if the applicant is in immigration detention. If the administrative review request is about a decision made overseas, the deadline is 28 calendar days after the date on which the applicant received the decision.
Decisions against which there is a right of appeal
An appeal can be brought against a decision of the Home Office to:
Refuse a protection claim;
Refuse a human rights claim; or
Revoke protection status.
A protection claim is a claim for asylum or humanitarian protection.
A human rights claim includes the following applications under the Immigration Rules:
Long residence under paragraph 276B;
Private life under paragraphs 276ADE(1) or 276DE;
Asylum under Part 11;
Family member under Appendix FM (but not those who have suffered bereavement or domestic violence).
At Saxon Solicitors, we have a detailed understanding of all areas of immigration and asylum law. This enables us to analyse, from an expert legal perspective, all the information in your decision or refusal letter to determine whether the decision maker has acted fairly and within the law. We can then assess the merits of your case and advise whether you are eligible to make a reconsideration request, administrative review request or whether you have the right of appeal against your decision.