16 OCTOBER 2014
HC 693
What are the changes ?
(1) ADMINISTRATIVE REVIEW FOR PEOPLE WITH TIER 4 (GENERAL) STUDENT LEAVE IN THE UK
(2)
From 20/10/14, anyone applying for leave to remain in the UK as a Tier 4 (General) student, as well as their partners and children will only be able to apply for Administrative Review if the applications are refused.
There will no longer be a full right of appeal where you go to Court and have an Immigration Judge decide your case.
In order to understand what this means, you have to look at the new Appendix AR in this set of changes to the Immigration rules in order to see how it works.
WHAT DOES THIS MEAN FOR YOU ?
In essence there is a list of ‘Case working errors’ that can be considered under this new system. When applying to have an Admin Review of your case, you have to say which of these case working errors applies to your decision and say why.
Examples of what are deemed to be Case working errors are where the original decision maker applied the wrong Immigration rules, or applied the rules incorrectly,or where they have not considered all the evidence that was submitted, or considered the evidence incorrectly, or where the original decision maker failed to apply the Secretary of State’s relevant published policy Guidance.
You cannot submit new evidence when applying for Admin review unless an exception applies. The exception is where you can adduce evidence to show that the decision maker has not considered all the evidence submitted, or evidence relating to your credibility, or evidence that the decision makers conclusion that the supporting documents were not genuine was incorrect.
The possible outcomes are varied and include the decision being withdrawn and leave being granted, whereby your application fee is granted, or if the decision stands, a reason for refusing may be withdrawn or another one given.
WHAT IS THE DEADLINE TO LODGE AN APPLICATION FOR ADMIN REVIEW ?
14 calendar days.
WHEN IS IT DECIDED BY THE HOME OFFICE ?
Their service standard is published as 28 days.
WHAT HAPPENS TO YOUR STAY IN THE UK ?
If you made an application for Admin Review and your current leave expired before a decision was made, it is automatically extended whilst Admin Review is pending, and ends when the notice of outcome is served on you.
(1) CHANGES TO THE REQUIREMENTS FOR A VALID APPLICATION
Not only do you have to make an in time application when inside the UK, ie one made before your current leave expires, in order to remain lawfully in the UK, but you must also make a valid application.
This is an application where you have for example, used the correct and most recent application form, signed and dated it, provided all the mandatory supporting documents, and paid the fee. These requirements are all set out in the Immigration rules.
WHY DOES IT MATTER ?
It matters because if your application is returned to you as an invalid, ‘attempted’ application, it is as though you never made it, and if your leave expired whilst it was with the Home Office, it has expired once returned to you, and you are in the UK unlawfully, vulnerable to removal at any time.
If you are removed and Removal Directions are set, you are also subject to a 10 year re-entry ban for the UK.
WHAT ARE THE CHANGES ?
It appears that you are now being given the chance to rectify any errors or omissions which would make your application invalid.
This is a very important and very welcome change to the Immigration rules.
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