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Another secret policy

General UK immigration & work permits; don't post job search or family related topics!

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vinny
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Another secret policy

Post by vinny » Wed Nov 02, 2011 10:59 pm

Last edited by vinny on Fri Nov 11, 2011 6:27 pm, edited 1 time in total.
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The Station Agent
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Post by The Station Agent » Fri Nov 04, 2011 5:07 pm

interesting cases referenced therein. I have seen flexibility sometimes on evidence matters (rightly too), but not applied across the board. A sponsor we know was refused a licence 3 times all because the notary public had made an error in their certification of a document. All 3 refusal letters failed to point out the exact error so it kept going round in circles.

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Post by vinny » Fri Feb 10, 2012 1:54 am

See also Invalid applications.

Note that:
21 wrote:... An application is outstanding (and therefore information can be supplied to support it) until it is lawfully determined...
It's important to send any new supporting documents, or vary an application, prior to a (refusal) decision, because of the inadmissibility of New evidence in Points Based System appeals.

See also Post Study Work and s.85A: applications continue until decided > Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) (28 January 2013)

Bad news: Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 (25 June 2013)

Interestingly,
Ali v Secretary of State for the Home Department [2013] EWCA Civ 1198 (09 October 2013) wrote:6. The appellant did raise a fresh ground by way of appeal on 20 May 2011. He said he met the requirements for leave to remain as a Tier 1(Post-Study Work) Migrant. He said he had filled in the wrong form by mistake and knew he did not satisfy the requirements under Tier 1 (General) Migrant. The First Tier Tribunal dismissed this aspect of the appeal because the requisite number of 75 points had not been accumulated at the date of the application [12]. The Upper Tribunal dismissed the appeal because evidence of the award of the degree could not be adduced by virtue of Section 85A(4)(a). The Secretary of State accepts that evidence of the award could have been relied upon if it was adduced before she made her decision on 17 March 2011.
Nasim & Ors (Raju: reasons not to follow? : Pakistan) [2013] UKUT 610 (IAC) (3 December 2013)

See also 77.
Last edited by vinny on Fri Oct 11, 2013 7:23 am, edited 10 times in total.
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panyatna
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Non-points based applications

Post by panyatna » Wed Apr 25, 2012 12:15 am

Any idea if the evidential flexibility rule now applies to non-points based applications?

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Post by vinny » Sat Jun 23, 2012 12:46 am

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Post by vinny » Mon Jul 30, 2012 8:58 pm

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Post by vinny » Fri Feb 01, 2013 9:54 pm

Evidential flexibility wrote:Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy.
*** Overturned by Court of Appeal!
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Post by vinny » Fri Mar 08, 2013 12:02 am

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Post by vinny » Fri Apr 05, 2013 1:11 pm

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Post by vinny » Wed Jun 26, 2013 11:16 pm

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Dayyurite
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Post by Dayyurite » Thu Oct 31, 2013 9:19 pm

If a document is completely missed, can someone still argue on evidential flexibility?

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Re: Another secret policy

Post by vinny » Tue Jan 21, 2014 6:01 am

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Re: Another secret policy

Post by MPH80 » Tue Jan 21, 2014 5:06 pm

But crucially - the judgement ends with a note saying that they are not commenting on the rules currently in place - but only as they stood in 2011. The new modernised rules are reasonably clear on the circumstances and (I think) do away with most of the arguments in the judgement.

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Re: Another secret policy

Post by vinny » Wed Jan 29, 2014 11:26 am

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Re: Another secret policy

Post by vinny » Thu Jun 12, 2014 10:23 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Another secret policy

Post by vinny » Fri Jun 27, 2014 11:40 pm

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We do not inherit the Earth from our ancestors, we borrow it from our children.

Apparition

Re: Another secret policy

Post by Apparition » Mon Jul 07, 2014 5:24 pm

The system isn't designed to help immigrants or secure their Citizenship, it's designed to scrrew them over. They hate you.

It caters exclusively to natives, from ease of claiming British passports to holding their records permanently to a myriad of societal benefits e.g.) jobs.

You have no rights, nothing. Remember that.

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Re: Another secret policy

Post by Amber » Tue Jul 08, 2014 5:58 am

Please refrain from your constant negatively it's not at all helpful or conducive to any beneficial outcome.
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Apparition

Re: Another secret policy

Post by Apparition » Tue Jul 08, 2014 1:06 pm

Amber_ wrote:Please refrain from your constant negatively it's not at all helpful or conducive to any beneficial outcome.
That's your view, mine is what I stated is fact and just reality. People can either accept it or keep playing the Home Office's games. But I take heed of your post so I shall refrain as requested.

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Re: Another secret policy

Post by vinny » Fri Jun 19, 2015 11:49 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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