The Application Of Administrative Review

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In the quest of achieving the objective of the immigration reform, the SSHD intensify the application of Administrative review (AR). AR is the review of an eligible decision to determine whether a decision is wrong due to a case working error as defined in Appendix AR of the Immigration Rules. A system of AR has already been in existence prior to the IA 2014, however, its scope under the IA 2014 and the Immigration Rules has been greatly expanded to immigration decisions made in-country and decisions made at the border on or after 6 April 2016. As there are very few decisions against which an appeal can be made under IA 2014, AR process has replaced a right of appeal to an independent tribunal, to provide redress for those whose…show more content…
Likewise, in the case of border AR application, the decision to review ARs at the terminal where the original decision was made risked accusations that reviews were not sufficiently separate from decision makers to be truly independent. The immigration rules HC 395 paragraph 34R (1) states how an application for AR must be made. Meanwhile, Appendix AR2.8 provides that, where AR is pending the Home Office will not seek to remove the applicant from the UK.
For several years the rule of law has been one of the most observed constitutional principles in deciding immigration applications in the UK, mostly in defending the important status of human rights which is another core constitutional principle of the UK. However, the Home Office ministers have been concerned about court and tribunals rulings which have prevented them from deporting people. Section 19 of the IA 2014 raises some important constitutional questions about the respective roles’ court and legislators in relation to human-rights matters. It has modified the way in which courts and tribunals determine public interest questions arising from immigration cases. Lord Lang stated that, “we are concerned about the lack of a definition of what constitutes a ‘genuine obstacle’ to a failed asylum seeker leaving the UK...” That it will be difficult to argue convincingly that UK immigration law has satisfied the requirements that are central to the
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