All Articles: Evidential flexibility

In a new reported decision the Upper Tribunal has set out when new evidence can be considered in an administrative review. The tribunal also said that the evidential flexibility guidance is now so different to that considered by the Court of Appeal in Mudiyanselage v Secretary of State for the...

16th July 2025
BY Sonia Lenegan

The Court of Appeal has reluctantly but unanimously agreed with the Home Office’s decision to refuse a Tier 1 (Entrepreneur) application for further leave to remain based on a factual issue of specified documents not being submitted. It rejected arguments that evidential flexibility should apply. The case is Harpreet Singh...

15th January 2019
BY Pip Hague

The case of Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014) involved refusals of entry clearance for a spouse and three children. The basis of refusal was that the sponsor was self employed, claimed to earn in excess of the minimum amount required —...

8th December 2014
BY Colin Yeo
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