Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00229 (IAC)

Fecha: 29-Abr-2025

Appendix Administrative Review

Appendix Administrative Review

41.

This appendix was inserted into the Rules on 20 October 2014. The current version was substituted with immediate effect on 4 April 2024. The appendix makes provision for the submission and consideration of applications for Administrative Review. It begins by stating that Administrative Review “is the review of an eligible decision, the purpose of which is to decide whether the decision was wrong due to a case working error.”

42.

The only part to which I need refer is AR3, which is titled “Consideration of application for Administrative Review”:

AR 3.1. The decision maker conducting the administrative review ("the reviewer") will decide whether the eligible decision is incorrect because:

(a)

the decision maker of the eligible decision failed to apply, or incorrectly applied, the relevant Immigration Rules; or

(b)

the decision maker of the eligible decision failed to apply, or incorrectly applied, published guidance.

AR 3.2. The reviewer will consider whether the applicant for administrative review is entitled to entry clearance or permission on the basis of the original application and will not consider whether the applicant is entitled to entry clearance or permission on any other basis.

AR 3.3. Where evidence which was not before the original decision maker is submitted with the application for administrative review, the reviewer will only consider that evidence where the eligible decision was:

(a)

a decision under Part 9 of these rules to refuse an application on the grounds of false representations or deception; or

(b)

a decision under Part 9 of these rules, to cancel entry clearance, permission to enter or permission to stay on the grounds of false representations or deception; or;

(c)

a decision to refuse an application for entry clearance under Part 9 of these rules on the grounds of a previous breach of immigration laws; or

(d)

a decision not to request specified documents under paragraph 245AA of these rules; or

(e)

a failure to follow the evidential flexibility policy published on gov.uk.

AR 3.4. Where evidence would be admissible under AR 3.3, the reviewer may contact the applicant to request further information and specify a reasonable timeframe for receipt of that information.

AR 3.5. Where the requested information is not provided within the timeframe specified, the reviewer may consider the administrative review on the available information.