Administrative Review for Standard Visitors Visa

[Nonso]

Dear All,

My name is Nonso. I am a new member in immigrationboards.com and please, I need your help and advice. This post will be long, so please bear with me.

I first came to the UK in 2013 for my Masters Degree. I finished my masters in 2014 and my visa was to expire in January 2015. Then, around November 2014, I made a visitors visa application for my mother and sister so that they can attend my graduation in December, 2014. The result came out and they were both denied visas. Reason being that on the balance of probability, that they might not return to Nigeria at the end of their visit. I felt it was probably because I who was inviting them did not have up to six months left in my own visa. In the GV51 refusal letter, they were given the right of appeal. They contacted and paid a lawyer then who told them that she was going to put in the appeal request. By the time the lawyer told them to come and apply again, the graduation was over and i was back to Nigeria so they did not have any need to make the trip and so did not apply again.

I came back again to the UK in September, 2017, this time with my family. And in December, 2017, I made another Visitors visa application for only my mother. This time, i wanted her to come spend Christmas with me and my daughter (Its was going to me my daughter's first Christmas), and also experience a British Christmas. And this time, my visa is valid till 2022. Again, the visa came out on the 29th of December and she was denied entry again. Same reason that on the balance of probability, she might not come back to Nigeria at the end of her visit. But this time, it was stated in the refusal letter that she has NO right of appeal or administrative review.

However, I noticed in the GV51 refusal letter issued that the Entry Clearance officer who reviewed this application had a lot of information mixed up. Examples:

It was stated in the GV51 that my mother is retired with no declared income, however, on the application, I declared that my mother receives Pension and regular allowance from family. I also declared the amount of money she receives yearly and what she currently has as savings on the account. I went further in the additional notes to state that she has provided her bank statement to show her receipt of pension and savings. I also mentioned that the inflow of the family allowance is not captured on the bank statement because they are given to her in cash.

It was stated in GV51 that she intended to visit the UK for 2 weeks at a cost of £1800, however, on the visa application, I clearly stated that her visit would be for 1 week at a cost of £1800.

It was stated in the GV51 that she did not prove further documentary evidence of her financial circumstances. I however provided a financial statement to show that she receives pension on a regular basis from the Nigerian Government.

It was also stated on GV51 that on the balance of probability that she might not leave the United Kingdom at the end of her stay. I stated in the application that she has six children and seven grandchildren of which all of them live in Nigeria except me who is in the UK for my PhD with my family. They also had some mix ups with my account statement.

She has no other family in the UK therefore, she has every incentive to return back home to Nigeria and no incentive to remain in the UK at the end of her visit. Also, I am a legitimate student in a University here in United Kingdom. My studies is very important to me and I would never jeopardise that by harbouring an illegal immigrant. I do not know how to make the home office to understand these facts.

My sister met a lawyer back in Nigeria and the lawyer said that we should go ahead and apply for an administrative review even though the letter says that she has no right of an administrative review.
I really don't know what to do. Should I apply for the administrative review or should I not? My mother is 65 years old and i really want to give her a good treat with this trip.
PLEASE ADVICE.

[vinny]

I believe that there is no formal right of administrative review for visitor applications.

I think the only formal options are appealing on human rights grounds or JR or a new application.

[Nonso]

Thanks for your reply vinny.
But appealing on human rights basis or Judicial Review take a lot of time and money and really don’t have the luxury to do that.
About applying afresh, how soon can one apply again after a refusal? And does a constant refusal bring about any form of ban to the applicant from the home Office?

I really don’t want to make any mistake and get her banned from applying in the process.