If the applicant is in the UK, the deadline is 14 days, unless the person is in detention, in which case it is 7 days from the date of decision.
If the applicant is overseas, the deadline is 28 days form the date of the decision.
If your application is refused by the Home Office, Administrative Review is a process by which you can ask the Home Office to reconsider the decision. If you feel, for example, that the Home Office have failed to take into account a relevant document or have miscalculated income or savings, an administrative review may resolve the issue.
Not all cases are able to use the Administrative Review process. If your case is eligible, it will say so in your decision letter.
If the applicant is in the UK, the deadline is 14 days, unless the person is in detention, in which case it is 7 days from the date of decision.
If the applicant is overseas, the deadline is 28 days form the date of the decision.
The first difference is the deadlines. The deadline for an Administrative review is 14/28 days whereas the deadline to submit a Judicial Review is 3 months.
Unlike Administrative Review which reviews case work errors in general, Judicial Review has specific categories for review. The categories which are generally recognised for Judicial Review are: illegality, procedural irregularity, and unreasonableness.
It is also important to remember that a Judicial Review can only be pursued once all other avenues of appeal have been exhausted. For this reason, Administrative Review must be pursued before applying for Judicial Review.
At Batley Law, we have experience of successfully challenging Home Office decisions through the administrative review process. We have taken and won cases for clients who had been advised by others that they did not have a strong enough case.
If you require expert help with your judicial review matter, contact us today.
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