I applied for Tier 5 visa (Temporary Worker Government Authorized Exchange). I got a refusal under rule 245ZO (Maintenance) but, surprisingly in the last paragraph, two rules of not attending an interview & not providing tuberculosis certificate were added although they are not needed in my case in principle.

Will it be beneficial to go for administrative review, at least to eliminate those 2 unjustified rules? In principle, is it better to be refused under one rule (245ZO) than being refused on 3 rules (two of them are general grounds of refusal)?

If administrative review was unsuccessful, would that be considered another refusal in my immigration history?

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    This is a question for our sister site Expatriates. – Michael Hampton Jan 26 '19 at 16:22
  • Your 'additional grounds' are unlikely to succeed: whatever it was happened during your interview: 320: (7D) failure, without providing a reasonable explanation, to comply with a request made on behalf of the Entry Clearance Officer to attend for interview. (8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer. The ECO notes will document what was asked and what you did not provide, and it is probably useless to argue those points. – Giorgio Jan 26 '19 at 16:53
  • The tuberculosis section is marked n/a which means "not applicable" so you don't need to worry about that part. – mkennedy Jan 26 '19 at 17:33
  • Dear Georgio. There is no interview for Tier 5 visa in principle. By assumption, it was needed later. I do confirm that it was only a peroid of 7 days between receiving documents by Ukvi & the decision. I have not received any requests during this time. – Amr Saqr Jan 26 '19 at 19:20
  • Dear mkennedy, thank you for your comment. Yes, i noted. I was wondering why did ECO include the rule of tuberculosis in the last paragraph? – Amr Saqr Jan 26 '19 at 19:49

You seem to have misunderstood. The refusal says

I have refused your visa application... because I am not satisfied that you meet all of the requirements of paragraphs 245ZO, 3207D and 320 8A of the Immigration Rules.

That doesn't say that you failed all three tests. It just says that you didn't pass them all (you passed two out of three), so you didn't get the visa.

  • Dear David, i do not find that this satisfactory at all. ECO would normally mention the rules of “ concern”. Would it be easier to say “I am not satisfied you meet requirements of paragraph 245ZO”?!!!’ Why to mention 3 & then say not meet “ all”. I think there may be more convenient explanation. – Amr Saqr Jan 26 '19 at 19:24
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    @AmrSaqr It's a form letter. The ECO doesn't sit down and type a brand new letter from scratch. Probably every refusal latter ends with that paragraph. – David Richerby Jan 26 '19 at 19:26
  • Dear David. Thank you for interest. But, No, it doesn’t. Not every refusal letter ends with that paragraph. – Amr Saqr Jan 26 '19 at 19:54
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    Hey @AmrSaqr, administrative review is meant for cases where the caseworker made a material error in their processing of your case, and which if corrected, would change the outcome. Examples include a) the maintenance documents provided are indeed under your name and they misread, or b) your sponsor has a statement attached that states you will not claim public fund and they skipped right through. Non-examples include the caseworker being sloppy and use the template for Tier 4 when you are applying for Tier 5 visa, or a confusing yet factually correct refusal conclusion. – B.Liu Jan 26 '19 at 22:25
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    @AmrSaqr Furthermore, they did specifically mentioned which rule you are refused on - (maintenance box, last line) "I therefore refuse your application under paragraph 245ZO(c) of the Immigration Rules." Again, while their letter construction is indeed sloppy, and give grounds for you to complain, it is unlikely an administrative review will change the outcome (to get you an visa), if the material fact they stated in the maintenance box is true. It is better to address that as your priority (as money transfer takes time). – B.Liu Jan 26 '19 at 22:31

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