Judicial Review

We often have clients who believe their application for entry clearance under the point-based system has been refused by the United Kingdom Border Agency (UKBA) due to an error they made. In this situation, the client is not entitled to a full right of appeal. However, an individual can request a review of the refusal decision, where this process is known as an Administrative/Judicial Review. An example where Administrative Review may be required is when checking if claimed points were assessed correctly. Our leading Immigration Lawyers have great experience in winning Administrative Review requests (the “Request”).

It is important to note that Administrative Reviews are only apply to those outside of the UK who are trying to gain entry. If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings

Applicants are entitled to an Administrative Review, but it is important to note that the Request shall be made within 28 days. This period starts from the date the applicant receives a notice of refusal. The process occurs as follows:

• An Administrative Review Request Notice is sent with the Refusal Notice.
• The Request Notice must be completed in full and sent off to the address on the notice.
• Applicants are not required to send other documents such as passports along with the Administrative Review Request Notice. Passports will only be requested if the refusal decision is changed.

Our Best Immigration Lawyers in London advise clients to make the application within the 28-day period in order to appeal the refusal using Administrative Review. However, if the application is received late by the UKBA, the administrative reviewer will take into consideration circumstances that are exceptional.