Rules for counting 14 days limit for administrative review application

The Court of Appeal in the case of R (Hasan) v. Secretary of State for the Home Department [2019] EWCA Civ 389 confirmed that the countdown of 14 days during which the applicant can file an administrative review begins even if the applicant has not physically received a decision letter. The applicant, Mr. Hassan, provided the Home office the address of the university as the correspondence and the decision letter was sent there. At that time, Mr. Hassan resided on a different address. In accordance with the rules in force at the time of the decision, the refusal letter was considered received on the second business day after its issuance. Mr. Hassan denied that he ever received a letter until the Home office wrote to him again a few weeks later.

Thus, the countdown of 14 days for filing for an administrative review begins not only when the applicant has physically received the decision, but also upon receipt of a letter to the specified address for correspondence.

Posted on Mar 27, 2019.

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