case laws relating to post or new evidence

[shahzad80]

Dear forum and particular Vinny

Do anybody know case laws relating to which post evidence is allowed in appeal and which not?

[Greenie]

can you be a bit clearer on what you need? Don't really understand your question

[shahzad80]

.................

[Kitty]

Have a look at:

Post-decision evidence, which links to the case of Morocco* [2005] UKIAT 00038

[Mk2010]

Thanks Kitty for pointing out the case. I am representing my wife appeal case now..

Could some law expert point out something I am not so clear about Rules section 85 as highlighted on paragraph 26 of the above case, ie:

26. Such evidence comes within the positive language of section 85(5)(b). It is not excluded by (5)(a) because the existence of the relevant intention as at the date of decision is not “a matter arisingâ€

[Kitty]

What was the reason your application was refused?

If you were refused because the ECO did not believe that your relationship was genuine and subsisting at the decision date, then you can submit subsequent communication between you as evidence that it was more likely than not that your relationship was actually real and subsisting at the decision date.

[Mk2010]

What was the reason your application was refused?

If you were refused because the ECO did not believe that your relationship was genuine and subsisting at the decision date, then you can submit subsequent communication between you as evidence that it was more likely than not that your relationship was actually real and subsisting at the decision date.

Kitty thanks for your quick reply.

My wife application was refused mainly due to reason at interview she was unable to give any specific tv programmes that I like to watch, hence her relationship to me is not subsisting and that she intend to live with me permanently as per law paragraph 281(iii).

Mind you, during the interview with an ECO she was able to answer most of the questions except one where she misunderstood and one about my favourite TV programme. I never mention any TV program to her because I don't really have favourite one, as simple as that.

I have lodged the appeal at the Post visa where we applied, but the ECO or ECM claimed to have reviewed the appeal and maintain decision to refuse is correct. I am highly doubt they actually look at our appeal accordingly as we have fully addressed their refusal points. If they really did, they seemingly overlook the pre and post evidences of our relationship is alive, committing and subsisting. At the appeal, we have submitted lots photos, itemised phone bills and travel ticket.

So those standard proofs of subsisting relationship is overrule by the balance of probabilities from ECO judgement which is unreasonable.

I wonder if is possible to ask the Post Visa to re-review the appeal as I plan to submit more post-evidence as well before any hearing.

I posted my wife case here.

Thanks again for your help.