What if the Administrative Review request refers to matters outside the scope of the

Administrative Review?

5. Where this occurs the matters should be dealt with under the normal complaints procedure. In such cases the applicant will be advised in writing.

Who conducts the Administrative Review?

6. An Entry Clearance Manager will conduct the administrative review. This may mean that in some cases, an Entry Clearance Manager from another Post will conduct the Administrative Review. The applicant may receive the result of the Administrative Review from an entry clearance post that is different to the one that considered the original entry clearance application.

Who can apply for Administrative Review?

7. Anyone refused entry clearance under Points Based System, where they believe the Entry

Clearance Officer has made an incorrect decision.

How does the applicant apply?

8. The applicant will receive the Administrative Review Request Notice with the entry clearance refusal notice.

9. The applicant must complete the Request Notice in full and send it directly to the address stated on the Request Notice.

10. Applicants must not send any additional documents such as passport or supporting documents with the Administrative Review request notice. If the refusal is subsequently overturned, the applicant will be asked to send in their passport.

What is the deadline for applying for Administrative Review?

11. The applicant has 28 days from the date of receipt of the refusal notice, to submit a request for Administrative Review.

Tier 4 Policy Guidance version 11/2014 page 71 of 81

What if an application is submitted late?

12. Where an Administrative Review request is received outside the 28-day period, the administrative reviewer will consider if there are exceptional circumstances to accept the application outside of the deadline.

13. If the Administrative Review request is late and the administrative reviewer decides not to perform the Administrative Review, the request notice will be returned to the applicant with a letter explaining why it is not being accepted.

How many times can an applicant request an Administrative Review?

14. Applicants may request only one Administrative Review per refusal decision. Any further review requests received for the same refusal decision will not be accepted. They will be returned to the applicant.

15. However, where the Administrative Review upholds a refusal but with different refusal grounds, the applicant may request an administrative review of these new refusal grounds.

16. If the applicant has new or further information, documents or other paperwork that they failed to submit with their original application, they will need to make a new application and pay the appropriate fee.

How long will the Administrative Review take?

17. The administrative reviewer will complete their review and notify the applicant in writing

of their decision within 28 days from the date of receipt of the Administrative Review request notice.

18. If, in exceptional circumstances, the administrative reviewer is unable to complete the Administrative Review within the 28 days, they will notify the applicant in writing as to when to expect a decision.

What will the administrative reviewer look at?

19. The administrative reviewer will examine the evidence submitted with the original application, copies of which will be kept at the refusal post.

20. The applicant is not allowed to provide new evidence. Any new evidence must be disregarded unless the applicant was refused under paragraph 320 (7A) or 320 (7B) of the Immigration Rules on General Grounds for Refusal (see paragraph 12).

21. Any new evidence submitted by the applicant must be returned to them together with the outcome of the Administrative Review.

How are Administrative Review decisions made?

22. The administrative reviewer must review all aspects of the refusal not just the part of the refusal, which the applicant has asked to be reviewed. They will check that:

• points have been correctly awarded;

• documents have been correctly assessed; and

• verification checks have been properly carried out.

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23. The administrative reviewer may recommend that the reason for refusal should be

overturned, if they find that the Entry Clearance Officer:

• failed to properly consider evidence submitted with the original application;

• failed to apply the Immigration Rules correctly;

• made a mistake in processing the application;

• failed to give adequate reasons for refusing entry clearance. In this case, the administrative reviewer will recommend the Entry Clearance Officer revoke the original refusal and serve a new refusal notice giving a full explanation for the refusal.

24. Where the administrative reviewer recommends in line with the above, that the reasons for refusal should be revoked, the applicant may still be refused but with new grounds for refusal.

25. The administrative reviewer will not recommend that the original decision is overturned simply because the applicant claims there is a fault with Home Office’s underlying processes or policies.

Does Administrative Review cover General Grounds for Refusal?

26. Yes. Administrative Review will also look at refusals on the basis of paragraph 320 of the

Immigration Rules on “General Grounds for Refusal.”

Date: 2016-03-03; view: 1281