All Articles: administrative review

Grace period for overstayers cannot be relied on twice

The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Excepti ...

22nd February 2021 By

No procedural unfairness in refusing work visa where sponsor doesn’t engage

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an immigration application decided by the Home Office? Is it procedurally unfair for the Hom ...

18th November 2020 By

Home Office inefficiency “frustrates the purpose” of internal review

Reports by the Independent Chief Inspector of Borders and Immigration, David Bolt, now follow a familiar pattern. Mr Bolt and his team carry out an inspection of a certain area of Home Office activity. A report on possible areas of improvement is draw ...

22nd May 2020 By

Administrative review under the EU Settlement Scheme: what does the 90% success rate mean?

An incorrect decision under the EU Settlement Scheme could impact the terms by which EU citizens and their family members are able to reside and access services in the UK after Brexit. Statistics we have retrieved on administrative reviews of Settleme ...

4th December 2019 By

Receiving unsettling news: how to challenge the refusal of EU settled and pre-settled status

The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status ...

22nd March 2019 By

Tribunal calls for sensible approach to evidence justifying late applications

Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible not to feel deep admiration for Ms Prathipati. The 28-year-old Indian citizen appear ...

21st December 2018 By

Chief Inspector highly critical of Home Office internal review process

The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Insp ...

26th May 2016 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

Full immigration appeals ended: Immigration Act 2014 brought into force

Full appeal rights for applications under the Points Based System are being ended with effect from today, 2 March 2015, and for all other cases from 6 April 2015. The initial change applies to those who make an application on or after 2 March 2015 und ...

2nd March 2015 By

Administrative review success rates

The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with  and replacement with ‘Administrative Review’ by one of its own staff. Immigration appeals have almost a 50% success rate according ...

4th November 2013 By