Administrative review vs appeal: what is the difference?

An administrative review is a Home Office check of a refused application for caseworking errors, available only for decisions the Immigration Rules list. An appeal is a case put to an independent tribunal judge, available only where the law gives a right of appeal. The decision letter usually says which one applies.

How the two differ

Both are ways to challenge a Home Office refusal. They are different processes with different rules.

An administrative review is the review of an eligible decision to decide whether it was wrong because of a caseworking error.^{[2]Home Office, Immigration Rules Appendix Administrative Review} The Home Office carries it out.

An appeal goes to the First-tier Tribunal (Immigration and Asylum Chamber). GOV.UK says the tribunal is independent of government and that a judge listens to both sides before making a decision.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision} You can only appeal if you have a right of appeal.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

The two are not usually interchangeable. GOV.UK says that if you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.^{[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision} It also says you may be able to appeal if you are not eligible for an administrative review.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)} The refusal letter will usually say which one is open.

Side by side

The review facts come from the Immigration Rules and GOV.UK.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)[2]Home Office, Immigration Rules Appendix Administrative Review} The appeal facts come from GOV.UK and section 84.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online[6]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal} The Rules say a review applies to the listed routes, and the tribunal list of appealable decisions is on GOV.UK.^{[2]Home Office, Immigration Rules Appendix Administrative Review[3]HM Courts & Tribunals Service, Appeal against a visa or immigration decision}

The practical differences

Evidence. The reviewer considers whether you are entitled to entry clearance or permission on the basis of the original application. New evidence is only considered in listed cases.^{[2]Home Office, Immigration Rules Appendix Administrative Review} In an appeal you can add documents in support, and you can ask for a hearing.^{[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

Time. GOV.UK says a review of a refusal can currently take 12 months or more.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)} For an appeal, you usually get a copy of the decision within 4 weeks of the hearing.^{[5]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: get a decision}

Outcome. A successful review means the decision is withdrawn and reconsidered.^{[2]Home Office, Immigration Rules Appendix Administrative Review} If you win an appeal, GOV.UK says the Home Office will change its decision. It also says that winning does not automatically mean you can enter or stay, and may mean only that the Home Office has to reconsider.^{[5]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: get a decision}

Staying in the UK. For a review of a decision made while you were in the UK, the Immigration Rules say you will not be removed while the review is pending.^{[2]Home Office, Immigration Rules Appendix Administrative Review}

Example

Amir is in the UK. His Skilled Worker extension is refused and the letter says he can ask for an administrative review. He has 14 days and pays £80.

Elena is also in the UK. The Home Office refuses her human rights claim and the letter says she has a right of appeal. She also has 14 days. If she wants a hearing the fee is £144.

Neither of them chose the process. The decision type set it. Amir’s review is carried out by the Home Office, and Elena’s appeal goes before a judge. The figures come from the sources above.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)[4]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

What people get wrong

People often ask which route is better. Often there is no choice to make, because the law and the Immigration Rules decide which route is open. The decision letter is where this is recorded.

A second error is to use a reconsideration request instead. GOV.UK says you cannot make one if you have a right of appeal or a right to an administrative review.^{[7]Home Office, Visa and immigration reconsideration requests} Making another immigration application while a review is waiting withdraws the review.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)}

The bottom line

An administrative review is a Home Office check for caseworking errors. An appeal is a judge-led process before an independent tribunal. Which one is open turns on the decision, not on preference, and the time limits are short for both. The decision letter usually says which applies. A solicitor can confirm it and the next step.