The Home Office has recently published a Statement of Changes to the Immigration Rules which includes changes to the EU Settlement Scheme (EUSS), removing the right to Administrative Review for decisions made under the Scheme.
Administrative Review is a mechanism for challenging decisions of the Home Office which involves an internal Home Office review process. From 5 October 2023, the only decisions that can be administratively reviewed under the scheme are those concerning applications for entry clearance under Appendix Service Providers from Switzerland. However, applicants still have a right to appeal to the Tribunal against refusal decisions.
The Home Office states these changes are estimated to have ‘no, or no significant, direct or indirect impacts on business, charities or voluntary bodies’. In practice, Administrative Review applications under the scheme have been beset by significant delays, with decisions only being made many months or even years after applications were submitted. Arguably then, the removal of the right to Administrative Review for decisions under the scheme will be of no great loss.