Appendix AR Legal Representation

Administrative Review Lawyers London: Challenging Caseworker Errors

If your UK visa application under the Points-Based System was refused and no statutory right of appeal was granted, you generally have the legal right to request an Administrative Review under Appendix AR.

An Administrative Review is an internal Home Office mechanism where a different, independent reviewer evaluates whether the original decision-maker made a case-working error in refusing your application.

What Constitutes a Caseworker Error?

Under Appendix AR 2.11, a caseworker error occurs when:

• The decision-maker incorrectly applied the Immigration Rules (e.g. failing to award points when evidence met statutory tests).
• The decision-maker overlooked or failed to consider documents that were properly submitted with the application.
• The decision-maker failed to request specified missing evidence under Home Office evidentiary flexibility rules.
• The decision-maker incorrectly applied general grounds of refusal (such as falsely alleging deception, false representations, or unverified documents).
• The decision-maker miscalculated salary, age, or maintenance funds.

Can New Evidence Be Submitted in Administrative Review?

As a general rule under Appendix AR, new evidence cannot be introduced in an Administrative Review. The review is conducted on the evidence that was before the decision-maker at the time the decision was made.

However, vital statutory exceptions exist: new evidence is admissible if it proves that the applicant did not practice deception (where the Home Office falsely invoked Paragraph 9.7.1), or where the decision-maker failed to apply their evidential flexibility policy.

Outcomes of an Administrative Review

The reviewing team can reach one of four outcomes:

1. Refusal Withdrawn & Visa Granted: The caseworker error is conceded and leave to enter or remain is issued.
2. Refusal Upheld on Same Grounds: The original refusal decision stands.
3. Refusal Upheld on Fresh Grounds: The original refusal is maintained, but on revised legal reasoning. If fresh reasons are introduced, the applicant typically receives a right to a second Administrative Review.
4. Decision Maintained: If the review fails, your next legal option is seeking permission for Judicial Review before the Upper Tribunal (Immigration and Asylum Chamber).