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The time it takes for us to complete the review process depends on a range of factors, including:

  • the number of applications we receive
  • the number of members available to conduct reviews
  • the type of decision under review
  • the strategies we have in place for dealing with different caseloads
  • the complexity of the review.

As outlined in previous Annual Reports, applications for reviews in the Migration and Refugee Division have more than doubled in recent years (see our Statistics). We have been unable to keep pace with the increased workload with the resources available to us. This has impacted on how long it takes us to complete reviews. 

The following table shows the time taken to finalise reviews in a recent six-month period. The two columns below represent the time in calendar days that 50% and 95% of cases were finalised within, in the specified period.

These statistics are a general guide only, and we cannot guarantee that we will finalise any individual review within these timeframes.

 

Processing times in calendar days for reviews finalised between 1/05/22 and 31/10/22

Case category

50% of cases finalised within (days)

95% of cases finalised within (days)

Bridging 12 308
Family 810 1,582
Nomination/Sponsor approval 1,180 1,348
Partner 1,254 1,566
Permanent business 1,166 1,336
Skill linked 188 1,157
Student cancellation 244 921
Student refusal 259 889
Temporary work 1,153 1,361
Visitor 320 636
Other 561 1,226
Protection 1,293 1,924
Total for migration case categories 617 1,437
Total for protection case categories 1,293 1,924
Total 911 1,789

Note: 

These figures do not include cases where the Tribunal found it did not have jurisdiction to review the decision or cases that were withdrawn. These are usually finalised more quickly than other reviews. 

Can the review be processed as a priority?

The President’s Direction on Prioritising Cases in Migration and Refugee Division sets out the circumstances in which cases are prioritised. You can ask us to process the review as a priority by writing to us, fully explaining your reasons and providing supporting evidence.

Additionally, the COVID-19 – Special Measure Practice Direction outlines the strategies we have in place for dealing with different caseloads, including what types of cases may be eligible for expedited processing.