21/12/2021
Administrative Review for Tier 4 Student Visa Refusal by CLA & Solicitors in Glasgow, London UK and Lahore, Islamabad Pakistan.
Administrative Review provides an cost-effective way for those who have had their Tier 4 Student Visa application refused to request that UK Visas and Immigration (UKVI) review the decision if caseworker made an error when assessing the case.
Our expert lawyers have an in-depth understanding of the Administrative Review process. We will guide you through the correct application procedure and ensure that UKVI know exactly why an Administrative Review is being requested, so they can focus on correcting the relevant issue.
At CLA & Solicitors, we will take the time to carefully examine why your visa application was refused and advise you on the best course of action to take. You can be confident that as an SRA regulated firm, we will act with the utmost integrity and direct you to the cost-effective path explaining the chances of success.
Administrative Review can be a complex process; however, by instructing us, you can trust that your matter will be dealt with quickly, and all aspects of the Administrative Review process will be explained to you in a clear, friendly manner.
Do you need help with Administrative Review?
Contact CLA Solicitors today!
What is Administrative Review for a Tier 4 Student Visa Refusal?
Administrative review is the process by which those applying for entry clearance can challenge an eligible refusal decision on the basis that the decision is incorrect due to a case working error. You can make an application for Administrative Review either from inside the UK (if you are switching to a Tier 4 Student Visa) or out-of-country.
We will provide you with all the information you need to fully understand the Administrative Review process. You will also receive the email and direct dial number of the lawyer handling your matter so that you can ask questions at any time during office hours.
How Do I apply for an Administrative Review if My Tier 4 Student Visa Is Refused?
If UKVI refsued your Tier 4 Student Visa, it must issue a written notice concerning your eligibility for Administrative Review. The notice must include or be accompanied by a statement of the reasons for refusal. Information on how to apply for Administrative Review and the time limits for making an application must also be included within the information provided to an applicant by the Home Office.
If you are outside the UK and wish to apply for an Administrative Review of a UKVI decision, you will have 28 days to make the application. If you are applying inside the UK, you have 14 days.
When applying for Administrative Review, you must:
mention the reasons for refusal that are in your decision letter, and say why you think a mistake was made
send your completed form in the method the application refusal letter suggests (by email, post or in person)
We will assist you in examining the reasons for the refusal and put together a detailed covering letter explaining the points that need to be reviewed.
Because an Administrative Review is based on the refused submission, additional documents are not included with the Administrative Review application. However, if more documentation is requested, we can advise you organise it.
What Are the Advantages of an Administrative Review after Tier 4 Student Visa Refusal?
One of the advantages of the Administrative Review process is its cost-effectiveness; £80 per application. This is often especially welcome news to students. In addition, you may be exempt from paying the fee in the following circumstances:
you did not have to pay for the original application, or where the fee was waived
as a result of exceptional circumstances, you can prove you are unable to pay the fee
The key to ensuring an Administrative Review is successful first time is to precisely pinpoint the error made by immigration officials when deciding your application and clearly explaining this in your application.
What if My Administrative Review is Refused?
There are four possible outcomes to an application for AR as stated in the Immigration Rules, Appendix AR, para AR2.2; the Administrative Review either:
Succeeds and the eligible decision is withdrawn, or;
Does not succeed and the eligible decision remains in force, and all of the reasons given for the decision are maintained, or;
Does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn, or;
Does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review—note in this scenario, you may be entitled to apply for Administrative Review related to the new reasons;
If UKVI does not grant you leave to enter the UK as a student after receiving an Administrative Review, our lawyers can assist you with the next best steps. This can include making a new application or an appeal on human rights grounds where applicable or seeking a Judicial Review of the decision.
Why Use CLA & Solicitors to Manage Your Administrative Review if Tier 4 Student Visa Refused?
At CLA & Solicitors our lawyers have over ten years’ experience of assisting both in-country and out-of-country applicants and bringing successful outcome for Tier 4 Student Visa refusals with Administrative Review application, sometimes in urgent circumstances. We understand the process and have a strong reputation for achieving better results for students from all over the world.
FAQs:
What are some examples of administrative errors made which can be rectified by an Administrative Review?
Caseworker errors on Tier 4 Student Visa applications include:
Incorrectly calculating the number of points which should be awarded to the applicant
Failing to correctly assess the documentation
Failure to apply the Immigration Rules correctly
Not considering evidence accompanying the application properly.
Tier 4 General Student Visa Refused After Interview – Student Receives Visa After Administrative Review
UK universities have always been an attraction to overseas students. One deserving student had almost achieved his dream of studying at a UK university, but after a telephone interview with the Home Office, they determined that he was not a genuine student and refused his application. Thanks to expert legal intervention this story has a happy ending.
Mr Haroon Abbas is a student from South Asia who wanted to pursue his dream of studying for a LLB (Hons) degree in the UK. He conducted thorough research about UK Universities specialising in the field he wished to study, and choose a well reputed UK university. He submitted his application, and the university offered him a placement in the UG program and issued a Certificate of Acceptance of Studies (CAS).
With his university acceptance in hand, Mr Haroon Abbas gathered the documents required by UK Visas and Immigration to submit a Tier 4 (General) entry clearance application. On the same day that Mr Haroon Abbas submitted his application, he was invited for a Skype interview. One month after this interview he received an unannounced telephone call from UKVI, informing him that they had further questions regarding his application. At the time of this call, he was away from home and was caught off guard as he did expect any further interview.
Unexpected Skype Interview Leads to Unfair Refusal of Tier 4 Student Visa:
During this second telephone call, Mr Haroon Abbas was asked various questions, most of which were irrelevant to the purpose of the application. At times the connection was poor and Mr Haroon Abbas had to ask the interviewing officer to repeat questions. He was concerned about the interview and decided to record the conversation.
A few days later, Mr Haroon Abbas was informed that his application had been refused based on the answers he had provided in the telephone interview. As the matter was beyond his knowledge and control, he decided to seek legal advice from CLA & Solicitors. During our consultation, we listened to the audio recording and confirmed that the answers provided by Mr Haroon Abbas in his telephone interview had not been recorded accurately by the interviewing officer. UKVI’s refusal letter contained inaccurate answers attributed to Mr Haroon Abbas. Points based system (PBS) applications do not offer a right of appeal, so the only remedy to Mr Haroon Abbas’s unfair refusal was an Administrative Review (AR). In most cases when genuineness is an issue the AR application fails, but we were confident we would be successful.
CLA & Solicitors Present Strong Defense at Administrative Review
CLA & Solicitors assigned an experienced Immigration caseworker to investigate UKVI’s refusal of Mr Haroon Abbas’s application.
The first step was to obtain a copy of our client’s interview records for the Skype and telephone interview. While preparing the Administrative Review grounds we noted numerous inconsistencies in the answers given by our client and the information recorded by the interviewing officer and stated in the refusal.
The first step was to obtain a copy of our client’s interview records for the Skype and telephone interview. While preparing the Administrative Review grounds we noted numerous inconsistencies in the answers given by our client and the information recorded by the interviewing officer and stated in the refusal. We prepared a detailed supporting statement from our client along with Administrative Review grounds challenging the refusal letter.
While the AR application was pending, we received an email from UKVI along with an attachment containing the interview notes from the telephone interview with our client. It was clear while reviewing these notes that the interviewing officer had only requested information to support a refusal by UK Visas and Immigration. For example, Mr N was asked why he had chosen X university and whether he had looked at others. According to the audio recording, our client listed 5 UK universities he had considered prior to his decision to apply for X university. The interview notes only contained the name of the X university instead of the 5 he had considered.
AR Overturns Student Visa Refusal, Client Travels to the UK to Begin UG Program
After receipt of the email and typed interview notes, CLA & Solicitors sent further representations to the AR team, even though the AR application had already been filed. Within 3 weeks of submitting our client’s AR application, he was informed that his AR had been successful, and he was issued his Tier 4 (General) visa. He missed the university intake for October 2021, but he has been given the opportunity to start his course in January 2022.
Had Mr Haroon Abbas decided not to seek legal advice following the refusal of his application, he would not have been able to join the UG program and his funds and efforts would have been wasted. We are happy we could help this young man pursue his education and his dreams in the UK.
Our expert teams handle all UK Immigration matters. For assistance please contact us today. We’re here to help.
For more information please:
Best Regards,
Omar Zaman Khan
Director Operations
Phone: +92-42-35167897-98
Mobile: +92-321-6967897
Website: www.coreconsultant.co.uk
Email: [email protected]
Lahore Office:
753-C 1st Floor, Faisal Town, Lahore, PAKISTAN
+92-321-6967897 | +92-42-38936326
Glasgow, UK Office:
Suite 1, 171 Maxwell Road, Glasgow, G411TG
00447401441662
London, UK office:
Imperial Business Centre,10-17 Seven Ways Parade, Woodford Avenue, Gants Hill
Ilford IG2 6JX +447747 097287
