Administrative Review Application Requirements

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Questions and Answers

For applications eligible for administrative review made before 4 April 2024, which version of Appendix AR applies?

  • The version in force on 4 April 2024, except for applications under Appendix HM Armed Forces.
  • The version in force on the date the application for administrative review was made.
  • The version in force on 10 April 2024, regardless of the route.
  • The version in force on 3 April 2024, except for applications under Appendix HM Armed Forces where the version in force on 10 April 2024 applies. (correct)

Which of the following is NOT a valid reason for an administrative review application to relate to a decision?

  • A decision to refuse an application for permission to stay.
  • A decision to refuse a visitor visa application. (correct)
  • A decision regarding the period of grant attached to a permission to stay.
  • A decision to refuse an application for entry clearance.

Under what circumstance can an administrative review application relate to a decision under Appendix EU?

  • If the decision was solely to refuse entry clearance.
  • If the decision was regarding an application made before 5 October 2023.
  • All decisions under Appendix EU are eligible provided the person is still in the UK.
  • If the decision was made before 5 October 2023 to cancel leave under specific paragraphs of Annex 3 to Appendix EU or Appendix EU (Family Permit). (correct)

Where should a person apply for an administrative review?

<p>Online via the Administrative Review form on the gov.uk website (C)</p> Signup and view all the answers

What are the requirements that must be met by a valid application for administrative review?

<p>The correct fee must have been paid and the application made within the relevant time period. (A)</p> Signup and view all the answers

In the context of cancelling permission to enter or stay on arrival, which situation is covered for administrative review?

<p>Cancellation where the person no longer has permission due to a change in circumstances since the grant, or false representations or failure to disclose material facts. (B)</p> Signup and view all the answers

What specific routes are eligible for administrative review?

<p>Only routes specified in AR 1.1 are eligible. (C)</p> Signup and view all the answers

What is the effect of applying for administrative review before 4 April 2024, in terms of which rules apply?

<p>The rules in force on 3 April 2024 will apply, excluding Appendix HM Armed Forces applications. (A)</p> Signup and view all the answers

What is the time limit for applying for an administrative review when a person is detained and their application for permission to stay is refused?

<p>7 calendar days from the date they receive notice of the refusal. (C)</p> Signup and view all the answers

An individual receives a refusal for their entry clearance application. What is the standard time limit for them to apply for an administrative review?

<p>28 calendar days from the date of the refusal notice. (C)</p> Signup and view all the answers

If a person's permission to stay is cancelled and they are not detained, how many days do they have to submit an administrative review application?

<p>14 calendar days from the date they receive notice of the cancellation. (D)</p> Signup and view all the answers

When does an application for administrative review become officially 'made'?

<p>On the date it is submitted online. (C)</p> Signup and view all the answers

Under what condition can an applicant submit a second administrative review for the same eligible decision?

<p>If the original decision was maintained but with different or additional reasons. (B)</p> Signup and view all the answers

If an individual's entry clearance application is refused, where must they be located to apply for an administrative review?

<p>Outside of the UK only. (A)</p> Signup and view all the answers

What is a key restriction for applying for administrative review when the decision is made in the Control Zone?

<p>The person must depart or be removed from the Control Zone before applying. (C)</p> Signup and view all the answers

When can a person include a family member in their administrative review application?

<p>If the family member was a dependent in the application leading to the decision or had their permission concurrently cancelled. (B)</p> Signup and view all the answers

What invalidates an application for administrative review relating to a given decision, regardless of other criteria are met?

<p>If the applicant has previously signed a waiver for administrative review related to that eligible decision. (C)</p> Signup and view all the answers

Under what specific condition can a decision maker accept an administrative review application outside the standard time limit?

<p>If the decision maker believes it would be unjust not to waive the time limit and it was made as soon as reasonably practicable. (A)</p> Signup and view all the answers

Flashcards

Administrative Review

A review process conducted by the UK government, allowing individuals to challenge certain immigration decisions.

Specified Route

A specific route in the UK immigration system that determines the eligibility for administrative review.

Eligible Decision

A decision related to entry clearance, permission to enter, permission to stay, or cancellation of permission to enter or stay.

Decisions Made Before a Specific Date

Decisions about immigration made before a specific date.

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Relevant Time Period

The specific period in which an applicant has to file an administrative review application.

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Online Application

Requirement for administrative review applications to be made online.

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Fee Payment

Requirement for administrative review applications to pay a fee.

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Decision Review

The process of reviewing a decision to make sure it was made correctly and fairly.

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Time limit for administrative review - Detained Applicant

7 calendar days from the date they receive notice of the decision.

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Time limit for administrative review - Entry Clearance Refusal

28 calendar days from the date the person receives the notice of the decision.

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Time limit for administrative review - Non-Detained Applicant

14 calendar days from the date the person receives notice of the decision.

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Time limit for administrative review - Permission Grant

14 calendar days after the person receives notice of the grant of permission specifying the length and conditions of their permission.

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Application Date

An application for administrative review is made on the date it is submitted online.

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Prior Administrative Review

A person can only apply for administrative review in relation to the same eligible decision once unless the reasons for maintaining the decision were changed.

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Entry Clearance Refusal (Location)

Only apply for administrative review if outside the UK.

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Control Zone Decisions

Cannot apply for administrative review until leaving the Control Zone.

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Family Member Inclusion

Can only include a family member in the application if they were a dependent in the original application or previously granted permission as a dependent and are being cancelled at the same time.

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Administrative Review Waiver

The applicant cannot apply for administrative review if signed an administrative review waiver form.

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Study Notes

Administrative Review Application Requirements

  • Application Validity (AR 1.2): Applications made before April 4, 2024, are subject to Appendix AR rules on April 3, 2024. Applications under Appendix HM Armed forces, however, use April 10, 2024, requirements.

Eligible Decisions (AR 2.1)

  • Applications must relate to specific decisions:

    • Refusal of entry clearance
    • Refusal of permission to enter
    • Refusal of permission to stay
    • Cancellation of permission to enter/stay upon arrival in the UK, with specific cancellation reasons:
      • Change of circumstances since permission was granted
      • Permission obtained through false representations or failure to disclose facts
    • Period of grant or conditions attached to permission to stay.

  • Applications must target specified routes (AR 2.2).

  • Certain decisions under Appendices EU, EU (Family Permit), S2 Healthcare Visitor, or Service Providers from Switzerland are ineligible for review, unless the decision was made before October 5, 2023, and one of the following apply (AR 2.3):

    • Cancellation of leave to enter/remain under Appendix EU or EU (Family Permit) Annex 3
    • Cancellation of permission to enter/stay under Appendix S2 Healthcare Visitor
    • Cancellation of permission to enter under Appendix Service Providers from Switzerland

Application Submission (AR 2.4, 2.5, 2.7)

  • Applications must be made online using the gov.uk Administrative Review form.
  • Any required fees must be paid.
  • Applications must be submitted within the relevant timeframe (AR 2.6).

Time Limits (AR 2.6)

  • Refusal of permission to stay/cancellation of entry/stay with detention: 7 calendar days from notice of decision.

  • Refusal of entry clearance (outside UK): 28 calendar days from notice of decision.

  • Refusal of permission to stay/cancellation of entry/stay without detention: 14 calendar days from notice of decision.

  • Period of grant/conditions of grant: 14 calendar days after receiving notice specifying length and conditions.

  • Application Submission Date: The application is considered submitted on the date of online submission (AR 2.7).

Restrictions (AR 2.8 - 2.12)

  • Previous Applications: No new applications if a previous application on the same decision was maintained for different or additional reasons.
  • Location Restrictions:
    • If for entry clearance refusal, applicant must be outside the UK (AR 2.9).
    • If in the Control Zone, cannot apply until they leave/are removed (AR 2.10)
  • Family Members: Only if dependent in prior application's decision OR previously granted permission as a dependent with the applicant's permission also being cancelled (AR 2.11)
  • Waiver Forms: No application if an administrative review waiver form was previously signed (AR 2.12)

Invalid Applications (AR 2.13, 2.14)

  • Applications not meeting requirements are rejected (AR 2.13).
  • Applications submitted outside the timeframe may be accepted if the decision-maker deems it unjust and the application was made promptly (AR 2.14).

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