Student Visa Refusal – How To Challenge Decision Through Administrative Review?

Imagine, you are all prepared to fly to the UK to start a new life and fulfil your dream of studying in the UK, but your visa gets rejected. What a dreadful situation! Over the years, UKVI has tightened up visa acceptance for international students for many reasons. Rumbles have been resonating among international students about the rigid and sometimes unjustifiable refusals of the Tier 4 student visa UK. In times like these, Gorings overseas have come forward to ease up and clear things out for international students in order to attain a successful visa application. 

The good news is that you can apply for a reconsideration or review of your rejected application. Tier 4 student visa in the UK is eligible for a refusal challenge known as administrative review. However, you must have the notice concerning rejection and eligibility for review of your refusal by the home office. 

How does administrative review work for your UK student visa?

As mentioned above, the UKVI issues a notice mentioning your right to go for an administrative review. The notice also includes reasons why your visa got rejected. UKVI also states the time limit within which you can file a challenge application and the complete set of instructions.

Usually, the time frame varies from 14 days to 28 days. If you’re applying from outside UK, You have 28 days after the date of refusal for filing an application against the rejection. On the other hand, if you’re applying from within the UK, you have 14 days to prepare and file an application against the rejection of the visa. The timelines are strictly adhered to as a result of this you’re bound to follow them with full regard as well. There are special waivers for special cases but it's all up to the UKVI whether your case satisfies them or not. You need to provide a valid and compelling reason for why you were not able to make an on-time application. 

While preparing an application for the refusal challenge, you need to include the reasons for refusal as mentioned in the letter sent to you by the home office. You also need to justify why you think the specific mistakes were made in the visa application. The latter application has to be sent through the medium as suggested by the home office i-e. By post, by email etc.

Possible outcomes of the AR

Following are the expected outcomes of an AR on your student visa UK rejection as stated in the Immigration Rules, Appendix AR, para AR2.2. The administrative review either

1.    Succeeds and the previous decision is withdrawn
2.    Or the original decision is upheld for the same reasons.
3.    The original decision is upheld for some other reasons.

Why is it important to seek legal guidance over AR?

The administrative review involves complex steps which require expert legal advice for a proper understanding and interpretation. Consulting an experienced immigration and legal expert would increase the chances of a successful refusal application. Our team of specialists help you mark out the specific places which require special attention and helps you articulate the area of application that needs to be reviewed by the UKVI. 

They can further help you if your AR application fails and there’s a need to judicial review.