Reiss Edwards have developed an easy to follow checklist of documents essential for your application, which we send to all of our clients with 24 hours of instructions.
If the Entry Clearance Office (ECO) refuses your Points Based System application, you can ask for the decision to be checked which is referred to as an Administrative Review, which the authority do not charge for. The review will look at whether your claimed points were correctly assessed by the ECO.
Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002 lists the following grounds on which you can appeal against a decision outside of the Administrative Review rules:
- the decision was unlawful under Section 19B of theRace Relations Act 1976 (c.74) (discrimination by public authorities)
- the decision was unlawful under Section 6 of theHuman Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with your Convention rights.
If your Points Based system application is refused, you will be served with the decision in the form of a reasons for refusal letter. You have 28 days from service of this document to ask for it to be Administratively Reviewed.
With the reasons for refusal letter, the decision maker will issue you with
- an administrative review request notice
- administrative review request notice guidance notes
Unlike the appeals process, an Administrative Review does not allow for the submission of additional documents unless there has been a refusal that may result in a ban on your return to the UK.
If the decision is overturned, the decision maker will ask for you to send your passport for it to be endorsed with your visa. If it is refused, you cannot ask for another review as it is a one of review per application. You will only be able to submit a fresh application if your review is not successful.
Our immigration lawyers are instructed to prepare such reviews by many clients and can prepare the necessary documentation to a high standard, giving you the best chances of success. If you are refused a visa and do not have the decision overturned, this inevitable comes up in future application as a black mark which damages your immigration history. In light of the significance of a refusal, we recommend that you seek immigration advice once you are refused any visa. Contact one of our lawyers today for a free assessment.
Points Based System Dependants Refusals
If the decision maker refused the main applicants visa under the Points Based System, dependants cannot seek an administrative review. However, if the main applicant is issued his or her visa and the dependant is refused, the right of appeal will be much wider, allowing to argue grounds outside of the restrictive Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002. The dependant will be given a full right of appeal and so may ask an immigration judge to overturn the decision. This gives the dependant a much higher chance of success as appeals before the Immigration and Asylum chamber (IAC) are statistically more likely to succeed than an administrative review.
Author: Amar Ali