UK Tier 2 - unfair and partial treatment by UKVI

[GriffinTaimer]

I was recently refused a UK tier 2 (General) category visa because I had forgot to send a english language proof certificate with my application.

I completely understand the reasons for refusal. However I also read the following excerpt from the Tier 2 Policy Guidance document.

If you have submitted specified documents in which:
• documents are missing, for example an English language certificate;
• parts of a set of documents (for example, a set of bank statements) are missing; or
• a document or evidence has been submitted but is in the wrong format, for
example, where a letter must be on letterheaded paper; or
• a document or evidence does not contain all the specified information;
• a Confirmation for Acceptance of Studies (CAS) or Certificate of Sponsorship
(CoS) contains minor errors or missed fields;

we may contact you and/or your representative and/or your sponsor, and request the
required documents or missing information.

Internet is littered with cases where the entry clearance officer has requested for the missing documents ex: Missing UK NARIC letter.

I have held UK visas before if anybody was supposed to be requested for documents it would be me.

I just want to know why some cases are treated differently than others. If the ECO has to follow the rules specified in the doucment above then why some applications and applicants are treated differently than others?

Should I apply for an administrative review quoting this?

[CR001]

If you have submitted specified documents in which:
• documents are missing, for example an English language certificate;
• parts of a set of documents (for example, a set of bank statements) are missing; or
• a document or evidence has been submitted but is in the wrong format, for
example, where a letter must be on letterheaded paper; or
• a document or evidence does not contain all the specified information;
• a Confirmation for Acceptance of Studies (CAS) or Certificate of Sponsorship
(CoS) contains minor errors or missed fields;

we may contact you and/or your representative and/or your sponsor, and request the
required documents or missing information.

I just want to know why some cases are treated differently than others. If the ECO has to follow the rules specified in the doucment above then why some applications and applicants are treated differently than others?

It does say MAY. The guidance is not the immigration rules. The immigration rules take precedence and clearly states English evidence is required.

Should I apply for an administrative review quoting this?

You cannot add new evidence to AR. It is based on the documents you submitted and if UKVI made an error in their decision. As the rules state you need to submit proof of meeting the English requirement and you did not submit it, it is not an UKVI error.

[CR001]

Did HO pick up at all that you had originally submitting an incorrectly dated offer letter, dated before RLMT was done??

uk-tier-2-employer-sponsored-visas/uk-t ... l#p1760347

[GriffinTaimer]

As I mentioned before I understood why I was rejected and did not tell that the ECO made an error. I am concerned about the fact that the ECO has to make the choice of whether giving an applicant an opportunity to send over the documents or not. This will certainly enable the ECO to be partial based on his/her personal belief. If tier 2 guidance document does not form a concrete set of rules to be followed then where are the rules mentioned?

I am not blaming or pointing figers. I did not submit the proof and I am completely aware of that fact. But in this case the ECO clearly had complete control over the outcome of my application and countless others where he/she could have decided to request for the documents (which the applicants already had but just forgot to attach).

Once again: I am aware that I made the mistake and will take care not to do it again. And I am not blaming the entry clearance officer even in the slightest sense of the word. All I am telling is that there is a wide grey area which can be exploited if the ECO chooses to do so.

[GriffinTaimer]

I have one more query. Can an application be rejected for multiple reasons and the entry clearance officer not mention it on the refusal letter?