Spouse Visa Appeal - UKBA withdrawing decision

[thunderb0lt]

Hello

I have been reading that the UKBA can sometimes withdwar their orginal refusal decision weeks and sometimes day before the tribunal hearing in light of the additional evidence received.

As I understand the appellant can provide evidence which relates to a time period upto the point of refusal, in other words even evidence/circumstances after the intial application was made.

If the UKBA were to withdraw their decision does it also have to be due to circumstances relating to upto the point of refusal too. Are they allowed to withdraw their decision due to a change of circumstance which occurs after the refusal date.

Say for example, the applicant has a Britsh Baby, born after the refusal date but before the hearing date. Can the UKBA withdraw their decision based on this, in effect putting you back in the queue for ECO decision making which can take another 5 or 6 months.

Thanks