Administrative and Judicial Review When Appeal Rights Don’t Exist

Some immigration decisions have the right of appeal, but most don't. An appeal can only be made against a refusal based on:

• Human rights
• International protection (asylum)
• The EU Settlement Scheme

In this guide, we explain the options immigrants have when there is no option for appeal:

Administrative Review

Decisions without appeal rights may be subject to administrative review (an internal Home Office procedure). The decision letters will specify whether this option exists.

Submitting a fresh application is likely to be the easier and quicker option. Still, in those cases where there is no right of appeal, and you can't submit a new application for any reason, you might be able to ask the Home Office for an administrative review of a refusal of an application.

Administrative reviews follow different procedures depending on whether filed from within or outside the UK, but they must be filed within strict timeframes:

• 14 days if inside the UK
• 28 days if outside the UK

The process of administrative reviews involves:

1. Submitting an administrative review application online for £80.
2. Providing evidence. The application form will tell you if you can give new evidence for review.
3. Getting a decision, which can take up to 6 months.

Judicial Review

A Judicial Review is a legal process to challenge the lawfulness of a decision made by the Home Office, focusing on how they made the decision rather than the outcome. Therefore, this may serve as an alternative to appeals, though it's much more complex and expensive.

In both Administrative and Judicial Review, we strongly suggest seeking help from an immigration lawyer to ensure you get the highest chances of a final favourable decision.

Also Read >> What Are the Most Common Reasons for UK Visa Rejections?