Reviews of refusals made under paragraphs 320(7A) and 320(7B) of the Immigration

Rules

27. The applicant may submit further information with the Administrative Review request, if the refusal is based on paragraph 320 (7A) or 320 (7B) of the Immigration Rules on General Grounds for Refusal.

28. If an application has been refused because a false document was used or a false representation was made, the applicant may claim that they were unaware of the false documents or false representations. The refusal will still stand but the applicant would have to prove that they did not know that false documents or false representations were used,

if they are not to have any future applications automatically refused for 10 years. Where the documents related directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from an employer, financial institution or educational establishment that they had supplied us with incorrect information at the time we verified the original documentation).

29. If the administrative reviewer does accept that the applicant did not knowingly use false documents or false representations, the refusal will still stand, but the applicant will not automatically have any future applications refused under the rules (paragraph 320 (7B) where false documents or false representations were used.

Does Administrative Review cover verification?

30. Yes. As part of the administrative review process the administrative reviewer will ensure that

the Entry Clearance Officer has followed the correct verification procedures.

Tier 4 Policy Guidance version 11/2014 page 73 of 81

What are the possible outcomes of Administrative Review?

31. There are three possible outcomes of Administrative Review:

• Uphold decision, reasons for refusal remain the same;

• Uphold decision, with revised reasons for refusal;

• Overturn decision and issue entry clearance.

How is the applicant informed of the result of the Administrative Review?

32. Decision upheld and the reasons for refusal remain the same:

• the administrative reviewer will notify the applicant by letter. The applicant will not be entitled to a further Administrative Review as the grounds for refusal has not changed.

33. Decision upheld but with revised reasons for refusal:

• A new refusal notice (GV51) will be served along with the Administrative Review letter from the administrative reviewer stating why the refusal has still been upheld. If there are fresh

• reasons for refusal which were not notified originally, the applicant will be able to

submit a further Administrative Review request limited to those fresh reasons.

34. Decision overturned and entry clearance to issue:

• The administrative reviewer will notify the applicant by letter and request the

applicant’s passport.

Date: 2016-03-03; view: 1928