Changes relating to administrative review
Appendix AR to the Immigration Rules sets out the Rules for administrative review including the decisions that are eligible for review. The purpose of an administrative review is to assess whether the original decision maker made a case working error in deciding the application. The review is ordinarily based on the evidence originally supplied with the application. Additional evidence may only be submitted in the circumstances set out in paragraph AR2.4 of Appendix AR, with reference to certain sub-paragraphs of AR2.11. Two minor amendments have been made to these Rules.
Firstly, a change has been made to paragraph AR2.4 to clarify that the reviewer may consider evidence that was not before the original decision maker where either sub-paragraph (a) or (b) applies. There is no need for both subparagraphs to apply. This was always the policy intention and the Rule has in practice been interpreted in this way.
Secondly, a change has been made to remove the reference to paragraph V.9.2 in paragraph AR2.11(a)(iii). Where a person arrives in the UK with leave to enter or remain (including a visit visa) this can be cancelled at the border on grounds which include a change of circumstances since the leave to enter or remain was issued. The effect of including reference to paragraph V9.2 of Appendix V to the Immigration Rules in paragraph AR2.11 is that additional evidence can be considered at administrative review to rebut the finding that there had been a change of circumstances in the case of a visitor. This was an oversight. Passengers other than visitors whose leave is cancelled on the basis of a change of circumstances are not able to produce additional evidence. The change aligns the treatment of administrative reviews for all those whose leave to enter or remain, or visit visa, is cancelled due to a change of circumstances.
