- BY Colin Yeo
Can new evidence be considered in Points Based System appeals?
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
The Court of Appeal considered section 85A of the Nationality, Immigration and Asylum Act 2002 in the case of Olatunde v Secretary of State for the Home Department [2015] EWCA Civ 670 and on the facts of the case holds that new evidence cannot be considered by the tribunal in a Points Based System appeal. The facts of the case look weak from the judgment and Appellant Counsel’s submissions rather extreme.
The Court of Appeal does not go as far as endorsing the Upper Tribunal’s decision in Ahmed (PBS: admissible evidence) [2014] UKUT 00365 (IAC) (covered here on Free Movement: Genuineness test for entrepreneurs and new evidence on appeal, the issue not directly arising in the case. Some relief might be available for applicants refused on genuine entrepreneur grounds if the interview was manifestly unfair and/or the Home Office simply fail to prove their case on the basis of the often deficient interviews, as Mark Symes and I discuss in May 2015’s podcast.
SHARE
One Response
Depending on the wording of the decision, ie if it clearly states that the HO question documents submitted with the application following a “genuineness test”, it is worth trying to get new evidence in under the exception at s.85A(4)(c) – adduced to prove a document submitted is genuine or valid.