Update: The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011) wrote:40. The italics are mine. Ms Theophilus does not suggest that the procedural law of the Tribunal hindered her ability to prove her case. Rule 51 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 authorises the Tribunal to "allow oral, documentary or other evidence to be given of any fact which appears to be relevant to an appeal" … even if that evidence would be inadmissible in a court of law. Furthermore, as Mr Eicke pointed out, Ms Theophilus could have applied under regulation 50 for a witness summons requiring her ex-husband to attend and give evidence as to whether or not he was and had been working. She did not do so. Nor did she seek a direction under rule 45 requiring the Secretary of State to provide any information necessary for the determination of her appeal. Indeed, she made no relevant application to the Tribunal. As Maurice Kay LJ pointed out in the course of argument, in these circumstances it is impossible to identify any error of law on the part of the Tribunal in this respect.
2005 > 2014
45 > 5
50 > 15
51 > 14
Basically, you need to ask the Home Office to get the data, give them very good reasons why they should do so. If that is refused (likely if there is no DV) then you are in a strong position to persuade a judge to issue directions.
