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:

•
to refuse applications for entry clearance, permission to enter or permission to stay
•
to cancel leave at the border on certain grounds, and
•
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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Immigration News

CIPD Trust issues guidance for HR Professionals on hiring and supporting refugees

The CIPD Trust has published detailed guidance for HR professionals on the recruitment and retention of refugees in UK workplaces. The guide addresses key practical and procedural considerations, including documentation requirements, HR policy familiarisation, and employment processes that may differ from refugees' countries of origin. It emphasises the importance of establishing structured support mechanisms, including training for hiring managers on specific challenges refugees may face, implementing thorough induction processes, and maintaining ongoing dialogue to address potential issues proactively. The guidance also highlights the dual benefits of refugee employment: supporting economic integration whilst addressing organisational talent shortages. Notably, the guide recommends implementing specific management protocols, including regular progress reviews and clear communication strategies regarding organisational wellbeing support systems.

NGO coalition publish briefing criticising expanded criminalisation in proposed Border Security, Asylum and Immigration Bill as likely to target asylum seekers, trafficking victims and age-disputed children rather than smugglers

The Humans for Rights Network, Border Criminologies and the Centre for Criminology has published a briefing raising concerns about the Border Security, Asylum and Immigration Bill's proposed expansion of criminal offences relating to irregular arrival in the UK. The briefing highlights that the new criminal offences included in the Bill build upon the Nationality and Borders Act 2022 (NABA), which introduced the offence of 'illegal arrival' and expanded 'facilitating a breach of immigration law'. Since NABA's implementation in June 2022, 556 individuals have been charged with 'illegal arrival', resulting in 455 convictions. The briefing emphasises that these prosecutions often target asylum seekers, trafficking victims, and age-disputed children, rather than smugglers. The briefing highlights that the new offences proposed in the Bill will potentially contravene international refugee and anti-smuggling protocols. The briefing suggests that the introduction of the Bill will not prevent deaths and harm at sea, instead, it will criminalise people on the move themselves, who have no alternative route to the UK.

Immigration weekly highlights 20 February 2025

Welcome to the 20 February 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

UKICE analysis highlights public support for student migration despite recent policy changes

UK in a Changing Europe (UKICE) has published an analysis, written by Dr Heather Rolfe, Director of Research at British Future, which examines new research from her organisation that suggests that the public holds a more favourable view of international student migration than the government might perceive. The research (done via focus groups) suggests that the government's approach to international student migration, seen through the lens of immigration control, contrasts with much of the public's view of these students as valuable contributors to the economy and university sector, with 49% of the public considering their economic contribution as ‘very positive or positive’. The research also indicates public backing for retaining international graduates, particularly in health professions. These findings contrast with the previous government's 2023 restrictions on student visas and dependants. In response to the financial difficulties in higher education, the research indicates that public favours increasing international student numbers as a potential solution. The analysis calls for a shift in government policy to align more with public sentiment, focusing on how both home and international students can contribute to the UK’s growth and prosperity.