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Appeal hearing, new evidence or not

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Dayyurite
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Posts: 147
Joined: Fri May 10, 2013 7:59 am
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Appeal hearing, new evidence or not

Post by Dayyurite » Thu Jun 06, 2013 9:45 pm

If bank letter is does not include third contact details and you pro ended a new right format letter at hearing

If third party declaration was faulty by UKBA and you provide new one at hearing.

If contract was not signed and your provided a sign one at hearing

What is your advice on the evidence at hearing

Your advice will be appreciated.

Regards
Dayyurite [/i]

rsrameshsunil
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Posts: 186
Joined: Mon Mar 21, 2011 9:42 pm

Re: Appeal hearing, new evidence or not

Post by rsrameshsunil » Thu Jun 06, 2013 9:52 pm

Dayyurite wrote:If bank letter is does not include third contact details and you pro ended a new right format letter at hearing

If third party declaration was faulty by UKBA and you provide new one at hearing.

If contract was not signed and your provided a sign one at hearing

What is your advice on the evidence at hearing

Your advice will be appreciated.

Regards
Dayyurite [/i]
As per my knowledge evidence at hearing is considered as "post-decision evidence". I have seen a few hearings and the judges are strict on not accepting this. The home office presenting officers are also quite sharp on spotting these and mentioning it to the judge during hearing session. If you are completely relying on submitting new evidences in court it is highly unlikely that you will succeed.

However, if you are arguing on "Evidential Flexibility" and providing the new evidences. It is a different case and they do accept. Meaning if you say that : had UKBA contacted me, I could have provided the right documents at that time just like i am presenting the evidences in this hearing. This is acceptable.

Dayyurite
Member
Posts: 147
Joined: Fri May 10, 2013 7:59 am
Contact:

Post by Dayyurite » Thu Jun 06, 2013 10:41 pm

Thank you. Dry much for your reply, it really heal my wound.
God bless you

Dayyurite
Member
Posts: 147
Joined: Fri May 10, 2013 7:59 am
Contact:

Post by Dayyurite » Thu Jun 06, 2013 10:53 pm

I got a new bank letter before the decision was made but it got to home office letter when I sent it with change of circumstances.

The fault on the declaration letter from third party was that i did sign the letter here in UK when it was written in Nigeria. But I am planning to beta proper one.


For these two reasons, do you think evidential flexibility will help.

Thank you in advance

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