Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00229 (IAC)

Fecha: 29-Abr-2025

The Administrative Review Decision

The Administrative Review Decision

11.

The respondent refused the Administrative Review on 13 June 2024. This is the second decision under challenge in these proceedings. Under the sub-heading “Claimed error in the assessment of evidence”, the respondent made reference to the original refusal and to the applicant’s submissions before stating:

The ECO did not apply evidential flexibility as the evidential flexibility guidance states the burden of proof is on the applicant to evidence that they meet the requirements of the Immigration Rules, and that evidential flexibility does not need to be exercised if the submitted evidence does not meet the requirements. As the English language test certificate, you supplied could not be verified using the IELTS online checking system, the ECO refused your application. As a Skilled Worker you would have been required to undertake the IELTS for UKVI test which would have contained a specific UKVI reference number to allow verification checks to be conducted. https://takeielts.britishcouncil.org/uk/ukvi

Within your AR you indicate that you should have been given the chance by the ECO to provide further evidence that you met the English language requirements, however we are satisfied that the ECO was reasonable not to apply evidential flexibility to contact

you to request that you provide additional evidence as it was not apparent that you had made a mistake or had omitted any evidence from your application.

It is also noted that you have provided an IELTS Test Report Form in your name dated 09 May 2024 with UKVI Number IEL/09052024/LK001/001249, however this evidence was not available at the time for consideration by the ECO.

Upon review, we are satisfied that the ECO was reasonable to refuse your application for the reasons stated in their refusal decision under paragraphs SW 4.1, SW 7.1, SW 7.2, and SW 7.3, with reference to Appendix English language of the Immigration Rules.

12.

The decision continued, under the sub-heading “Rejection of fresh evidence”, as follows:

Your application was considered and decided on the basis of the evidence available on the date the decision was made. We will not consider new evidence or information when reconsidering a decision that was provided after that decision has been taken, unless it meets the requirements specified in Appendix AR of the Immigration Rules.

It is your responsibility to ensure that all appropriate evidence is submitted with the application for entry clearance.

The IELTS Test Report Form in your name dated 09 May 2024 with UKVI Number IEL/09052024/LK001/001249 that you have provided with this reconsideration application was not sent with the original application. It is therefore not eligible for consideration because it is not evidence that:

• was supplied previously but was not considered or considered incorrectly

• seeks to prove that documents we assessed to be false were, in fact, genuine

• seeks to prove the date of the previous application.

The AR of your case has confirmed that the application was considered and assessed in accordance with the correct rules, policy, and guidance. You applied for entry clearance under the Skilled Worker route and the application was therefore assessed under Appendix Skilled Worker with reference to Appendix English Language of the Immigration Rules. Under those rules, you were required to demonstrate that you met the relevant requirements. As stated in the original refusal decision letter, you failed to demonstrate that you met these requirements. Therefore, we have maintained the original decision.