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What is administrative review?

1. AR2.1 Administrative review is the review of an eligible decision to decide whether the decision is wrong due to a case working error.

Outcome of administrative review

1. AR2.2 The outcome of an administrative review will be:
   1. (a) Administrative review succeeds and the eligible decision is withdrawn; or
   2. (b) Administrative review does not succeed and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
   3. (c) Administrative review does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
   4. (d) Administrative review does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.

What will be considered on administrative review?

1. AR2.3 The eligible decision will be reviewed to establish whether there is a case working error, either as identified in the application for administrative review, or identified by the Reviewer in the course of conducting the administrative review.
2. AR2.4 The Reviewer will not consider any evidence that was not before theoriginal decision maker except where:
   1. (a) evidence that was not before the original decision maker is submittedto demonstrate that a case working error as defined in paragraph AR2.11 (a), (b) or (c) has been made; or
   2. (b) the evidence is submitted to demonstrate that the refusal of an application for permission to stay under paragraphs 9.7.1, 9.7.2 or 9.7.3 of Part 9 of these Rules was a case working error and the applicant has not previously been served with a decision to:
      1. (i) refuse an application for entry clearance, leave to enter or leave to remain;
      2. (ii) revoke entry clearance, leave to enter or leave to remain;
      3. (iii) cancel leave to enter or leave to remain;
      4. (iv) curtail leave to enter or leave to remain; or
      5. (v) remove a person from the UK, with the effect of invalidating leave to enter or leave to remain,
      6. which relied on the same findings of facts.
3. AR2.5 If the applicant has identified a case working error as defined in paragraph AR2.11 (a), (b) or (c), the Reviewer may contact the applicant or his representative in writing, and request relevant evidence. The requested evidence must be received at the address specified in the request within 7 working days of the date of the request.
4. AR2.6 The Reviewer will not consider whether the applicant is entitled to leave to remain on some other basis and nothing in these rules shall be taken to mean that the applicant may make an application for leave or vary an existing application for leave, or make a protection or human rights claim, by seeking administrative review.

Applying for administrative review

AR2.7 The rules setting out the process to be followed for making an application for administrative review are at 34M to 34Y of these Rules.

Effect of Pending administrative review on liability for removal

AR2.8 Where administrative review is pending the Home Office will not seek to remove the applicant from the United Kingdom.

When is administrative review pending?

1. AR2.9 Administrative review is pending for the purposes of paragraph AR2.8 of this Appendix and sections 3C(2)(d) and 3D(2)(c) of the Immigration Act 1971:
   1. (a) While an application for administrative review can be made in accordance with 34M to 34Y of these Rules, ignoring any possibility of an administrative review out-of-time under paragraph 34R(3);
   2. (b) While a further application for administrative review can be made in accordance with paragraph 34M(2) of these Rules following a notice of outcome at AR2.2(d) served in accordance with Appendix SN of these Rules;
   3. (c) When an application for administrative review has been made until:
      1. (i) the application for administrative review is rejected as invalid because it does not meet the requirements of paragraph 34N to 34S of these Rules;
      2. (ii) the application for administrative review is withdrawn in accordance with paragraph 34X; or
      3. (iii) the notice of outcome at AR2.2(a), (b) or (c) is served in accordance with Appendix SN of these Rules.

1. AR2.10 Administrative review is not pending when:
   1. (a) an administrative review waiver form has been signed by an individual in respect of whom an eligible decision has been made. An administrative review waiver form is a form where the person can declare that although they can make an application in accordance with paragraphs 34M to 34Y of these Rules, they will not do so;
   2. (b) administrative review has previously been pending and the individual in respect of whom the eligible decision has been made submits a fresh application for entry clearance, leave to enter or leave to remain. In this case the day prior to the day on which the fresh application is submitted is the last day on which administrative review is pending.

1. AR2.11
   1. (a) Where the original decision makers decision to:
      1. (i) refuse an application on the basis of paragraph 9.7.1, 9.7.2, 9.8.1 or 9.8.2 of Part 9 of these Rules; or
      2. (ii) cancel entry clearance or permission which is in force under paragraph 9.7.3 of Part 9 of these Rules; or
      3. (iii) refuse an application of the type specified in paragraph AR3.2(d) of these Rules on grounds of deception; or
      4. (iv) cancel leave to enter or remain which is
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