Another secret policy

[vinny]

Another secret policy

[The Station Agent]

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.

[vinny]

See also Invalid applications.

Note that:

... 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,

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.

[panyatna]

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

[vinny]

Fairness and the Points-Based System: A contradiction in terms?

[vinny]

Evidential flexibility policy revealed.

Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960 (13 July 2012)

[vinny]

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!

[vinny]

More Evidential Flexibility Policy instructions disclosed

[vinny]

Evidential flexibility applies in entry clearance cases.

[vinny]

New evidential flexibility policy.

[Dayyurite]

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

[vinny]

Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2 (20 January 2014) overturns UKUT!

[MPH80]

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.

[vinny]

Evidential Inflexibility: SSHD v Rodriguez.

[vinny]

Points Based System flexibility to be considered by Supreme Court.

[vinny]

MORE evidential flexibility cases.

[Apparition]

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.

[Amber]

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

[Apparition]

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.

[vinny]

Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014)

[vinny]

Supreme Court upholds evidential flexibility policy > Mandalia v Secretary of State for the Home Department [2015] UKSC 59 (14 October 2015).

[Obie]

That is brilliant. Good to see some positive decision coming from the court.

[vinny]

Evidence Flexibility more flexible than 245AA

[Obie]

Great Vinny. Was looking for that post but could not find it

[vinny]

Points-based system: evidential flexibility.