Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00229 (IAC)

Fecha: 29-Abr-2025

The Entry Clearance Officer’s Decision

The Entry Clearance Officer’s Decision

The application was refused on 29 April 2024. This is the first decision under challenge in these proceedings. The relevant part of the decision is in the following terms:

I have awarded you 0 points for the English language requirement because you have not demonstrated you have an English language ability of at least level B1 (intermediate) on the Common European Framework of Reference for language in all four components (reading, writing, speaking and listening). Appendix English language sets out how applicants can meet this requirement.

In support of your application you submitted Non – UKVI ILETS [sic] Test Certificate. This is not an approved language test as set out in Appendix English language and therefore cannot be used to demonstrate you meet the requirement.

I have considered whether to give you an opportunity to provide further evidence to demonstrate you do meet the English language requirement. The evidential flexibility guidance states the burden of proof is [sic] the applicant to evidence that they meet the requirements of the Rules and that evidential flexibility does not need to be exercised if the submitted evidence does not meet the requirements. Therefore, I am satisfied that the submitted evidence is inadequate because the test you sat does not meet the requirements of Appendix English language and I am not exercising Evidential Flexibility.

I therefore refuse your application.

The applicant was informed that he was entitled to seek Administrative Review of the ECO’s decision within 28 days. On 23 May 2024, he did so. The application was accompanied by submissions from his solicitors, a short witness statement from the applicant, and a new IELTS certificate dated 9 May 2024. It was submitted that the respondent had erred in failing to apply the Evidential Flexibility policy and that she should consider the new certificate, which complied with the requirements of the Immigration Rules because it contained a verifiable UKVI number.

10.

In his statement, the applicant said that he had booked the IELTS for UKVI B1 General Test but that the centre had decided to change the test at the last minute, which was why he had originally submitted an IELTS certificate which did not meet the requirements of the Immigration Rules. He apologised for his error and asked the reviewer to take account of the new certificate. He pointed out that he would be in difficulty if he had to make a new application for entry clearance because the Rules had changed on 4 April 2024 and the minimum salary requirement had increased significantly.