Mon | Oct 16, 2017

Immigration Corner: I was treated unfairly!

Published:Tuesday | August 4, 2015 | 12:00 AM

Mr Bassie,

My application for a visa was recently refused. and I do not believe that it was a fair review. Someone told me that I can ask for an administrative review. Is this true?

- FR

Dear FR,

A person may ask for a visa administrative review if the person is outside the United Kingdom (UK); or if the person is in the UK; or if the visa was cancelled at the border.

If a person is outside of the UK, he or she will be told in his or her application-refusal letter if he or she can ask for the decision on the visa application to be reviewed. This is known as an administrative review.

Persons can only ask for an administrative review if all of the following apply: The person is outside the UK; the person applied from outside the UK; the application was refused on or after April 6, 2015; the person does not have a right of appeal against the refusal; and the applicant did not make an application as a visitor or a short-term student.

Persons must apply for an administrative review within 28 days of getting their decision. The person must fill in the administrative-review application form sent with the application-refusal letter, and enter the reasons for refusal that are on your refusal letter, and say why it is believed a mistake was made. The person must, post the completed form to the address on the application-refusal letter, or take it to the address in person. There are guidance notes that will tell a person how to fill in the administrative-review application form.

Upon receipt, the decision will be checked for the errors pointed out. However, do not send new information, or documents, for review unless these have been requested. Please note that a person will usually receive the result of the administrative review within 28 days, and it should be noted that a person cannot request a second review, unless the result of the first review found new reasons why that person was refused.

Please note that if a person is in the UK, he or she will also be told in the application-refusal letter whether an 'administrative review' can be requested.

Persons can ask for their application to be reviewed if one of the following apply - the application was refused; the application was granted but the person is unhappy with the amount or conditions of his or her leave. Please note that in certain circumstances a person may be able to appeal if he or she is not eligible for an administrative review.

Persons in the UK must apply for an administrative review within 14 days of getting the decision, and apply within seven days if he or she has been detained. The cost of applying is £80. If a person has been refused, the refusal letter will tell the person how to apply. Please note that a person must email the Home Office if his or her application was granted, but that person is unhappy with the amount or conditions of the leave. The email address for the Home Office, with respect to an administrative review, is admin.review.enquiries@homeoffice.gsi.gov.uk.

It should be noted that if a person's visa is expired at the time of requesting an administrative review, usually, that person will not be removed from the UK until his or her review has been completed.

• John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com.