Question to the Home Office:

To ask the Secretary of State for the Home Department, whether a refusal notice that does not (a) clearly explain the reasoning for a credibility finding and (b) accurately reflect information given at interview constitutes a casework error for the purposes of administrative review.

The published caseworker guidance and Immigration Rules for Administrative Review define what may be a caseworking error.

The same guidance provides a section on reviewing credibility refusals which states:

When considering an application for administrative review on the basis that the original caseworker made a caseworking error when assessing the credibility of the applicant, the correct test to apply is whether it is more likely than not, based on the evidence and facts available, that the original decision maker made the right decision that the applicant is not credible’, and which signposts the reviewer to review any interview undertaken.

The caseworker guidance is published at: Administrative review.docx

The Immigration Rules are published at: Immigration Rules - Immigration Rules Appendix Administrative Review - Guidance - GOV.UK