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Administrative review meaning

What does Administrative review mean?
In practice, administrative review is the Home Office’s internal mechanism for asking a different caseworker to reconsider an eligible immigration decision because of a case‑working error, rather than to re‑argue the merits. It is defined in the Immigration Rules (introduced following the Immigration Act 2014) and applies UK‑wide across England & Wales, Scotland and Northern Ireland. Typical uses include challenging refusals of entry clearance or permission to stay (including some EU Settlement Scheme decisions) where the decision maker misapplied the Rules or failed to consider evidence properly. New evidence is generally not permitted unless expressly allowed by the Rules. The review is conducted by a unit independent of the original decision maker and does not involve a hearing. Time limits are short (commonly 14 days in‑country and 28 days out‑of‑country; shorter if detained). A fee usually applies on non‑protection routes. Outcomes include upholding the decision, withdrawing and remaking it, or varying it. An in‑time administrative review may extend leave under section 3C of the Immigration Act 1971. It is not a statutory appeal and does not preclude judicial review where appropriate. In Ireland, “administrative review” is a descriptive term for internal departmental reconsideration (for example of visa refusals), rather than a single...
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View the related Checklists about Administrative review

CHECKLISTS
Administrative Court judicial review: CPR Part 54 checklist on time limits, promptness and applications to extend claim forms and acknowledgements of service (England and Wales)

This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases. Time limits for bringing claims and the requirement to act 'promptly' Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below: challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the grounds to bring the claim first arose...

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CHECKLISTS
Judicial review applications in the Administrative Court (England and Wales): procedural flowchart

Judicial review Judicial review is the process through which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies...

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CHECKLISTS
Advising employer clients on changing terms and conditions: step-by-step checklist reflecting the 2024 Statutory Code on dismissal and re‑engagement (fire and re‑hire) (England, Wales and Scotland)

This checklist is aimed at an employer client This checklist sets out the steps an employer will ordinarily follow when looking to introduce changes to terms and conditions of employment that are not authorised by employees’ current contracts. It aligns with the Statutory Code of Practice on dismissal and re-engagement (the Code), which took effect on 18 July 2024. For further information on the Code, see Practice Note: Changing terms and conditions of employment—Statutory Code of Practice on ‘fire and re-hire’. Among other points, the Code makes clear that an employer should not float the possibility of dismissal too early, as this may hinder efforts to reach a consensual outcome. It also states that: a threat of dismissal must not be used as a bargaining device to place undue pressure on employees where the employer is not genuinely contemplating dismissal to achieve its aims the employer should approach Acas for guidance before introducing the prospect of dismissal and re-engagement For a...

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NEWS
UK corporate crime, sanctions and regulatory enforcement—weekly briefing with international updates, 19 September 2024

In this issue Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Challenging the decision not to prosecute (R (on the application of Hillary Smith) v DPP) The High Court’s judgment in R (on the application of Hillary Smith) v Director of Public Prosecutions delivers notable guidance on three fronts: the weight to be attached to inquest conclusions when the Crown Prosecution Service’s (CPS) decides whether or not to bring a prosecution; the position the courts are likely to take in judicial review proceedings when scrutinising the reasonableness of the CPS’s application of the two-stage...

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NEWS
Singapore: SIAC administrative decisions—DMZ v DNA [2025] SGHC 31 confirms no back-door court appeals; seek institutional reconsideration first, with challenges reserved for the award.

DMZ v DNA [2025] SGHC 31 What are the practical implications of this case? Administrative acts by arbitral bodies can be susceptible to review where neither the institution’s rules, the lex arbitri, nor the arbitration agreement expressly or implicitly bar it. Such decisions must be taken lawfully, with respect for procedural fairness, the institution’s own rules, the applicable lex arbitri and the contractual terms governing the arbitration. Where an institution issues an administrative ruling that carries no right of appeal or review, a party aggrieved by that outcome ought to invite the institution to revisit its position under an express, or an implied, power to reconsider (paras [40]–[45]). Any court challenge is unlikely to succeed if the unhappy party failed first to request reconsideration by the institution. Instead of mounting a direct challenge where the rules foreclose one, parties may allow the decision to remain in place and seek measures to neutralise its consequences. Here, the court determined that the sole permissible route to contest the decision was to...

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NEWS
UK Public Law Weekly Update: Brexit Oversight Changes, Constitutional Developments, Leading JR and ECHR Cases, Equality and Human Rights, Subsidy Control and Procurement Act Guidance—8 August 2024

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

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PRACTICE NOTES
Preparing for a Defendant’s First Magistrates’ Court Appearance: Prosecution and Defence Guidance (Common Platform, PET/BCM/MC100, Allocation, Bail, Advocacy) (England and Wales)

A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the client’s position and ensures the court has the information required for the case to move forward smoothly. For further guidance on the stages of criminal proceedings,...

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PRACTICE NOTES
UK Skilled Worker route applications: practitioner guide to English-language, financial and genuineness requirements, switching, dependants, conditions, settlement and administrative review (2024–2026 updates)

The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship (CoS), including the necessary skill level and salary. Once a CoS has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay...

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PRACTICE NOTES
UK 2025–26 fiscal events for Private Client lawyers: Spring Statement, tax reform updates, Spending Review, Legislation Day, Autumn Budget, Finance Bill and Act 2026, and OBR forecast

This Practice Note compiles material on fiscal events across the 2025–26 tax year, beginning with the Spring Statement 2025 on 26 March 2025. For further detail on the Budget and Finance Bill procedures, as well as the broader fiscal timetable, see Practice Note: The Budget and Finance Bill process. Spring Statement 2025 On 26 March 2025, the Chancellor of the Exchequer, Rachel Reeves, delivered the Spring Statement 2025 to Parliament. The government outlined consultations and policy papers on substantive and administrative tax measures and other prospective developments. For more on the announcements, see News Analyses: Video analysis—Spring Statement 2025: Private Client perspective Spring Statement 2025—Tax analysis Tax update spring 2025: simplification, administration and reform On 28 April 2025, the Exchequer Secretary to the Treasury, James Murray, issued a written ministerial statement setting out a package of measures to simplify and reform the tax system and improve tax administration. HMRC and HM Treasury released a complementary set of documents comprising a...

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PRECEDENTS
Will precedent (England and Wales): nil-rate band discretionary trust legacy; spouse’s FLIT over residue; children as remaindermen; wide trustee powers and administrative schedules

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

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PRECEDENTS
Precedent will for unmarried individual without children (England and Wales): executors, chattels, legacies, residue options, administrative/STEP powers, s33 Wills Act disapplied, 10% charity gift for 36% IHT rate.

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills published its final report, formally setting out its conclusions, with Volume II containing a draft Bill intended to supersede the Wills Act 1837. For details of these proposals, including the published draft legislation, consult Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. STOP PRESS: Ending the non-dom regime and moving to a residence-based IHT regime. The Finance Act 2025 (FA 2025), which obtained Royal Assent on 20 March 2025, enacts legislation for the removal of the remittance basis of taxation and substitutes a residence-based system commencing on 6 April 2025. It also displaces domicile as the principal determinant of inheritance tax (IHT) liability for individuals. Further measures cover revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and alterations to overseas workday relief as applicable. For more on these reforms, see...

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PRECEDENTS
Template: Summary Grounds of Resistance for Defendants at the Judicial Review Permission Stage (Administrative Court, King’s Bench Division, England and Wales)

[ Insert case number ] In the matter of an application for permission to apply for judicial review...

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