Administrative review

Administrative review is the term given by the Home Office to a process of internal review of certain eligible decisions, whereby an applicant can request that a decision with which they disagree is reviewed by a Home Office official separate from the original decision-maker, rather than by an independent tribunal or court. Eligible decisions are decisions in specified routes:

1. •

   to refuse applications for entry clearance, permission to enter or permission to stay

2. •

   to cancel leave at the border on certain grounds, and

3. •

   relating to the period of grant or conditions attached to the person’s grant of permission

It is the main remedy which is available to challenge immigration decisions on applications which are not human rights or asylum claims, but often sees long delays in decision-making and there have been concerns raised by the Independent Chief Inspector of Borders and Immigration and advisers as to the effectiveness and independence of decision-making.

The administrative review regime was rolled out on a phased