PBS applicants will not be able to provide new evidence for appeal


From Monday 23 May, 2011, Immigration Judges, in most circumstances, will not be able to consider evidence submitted after an application has been made, in appeals relating to applications made in the UK under the points-based system. The Tribunal may consider evidence adduced by the appellant only if it was submitted in support of, and at the time of making, the application to which the immigration decision related.

This restriction of evidence will relate only to points-based system appeals brought on the following grounds: that the decision is not in accordance with immigration rules; that the decision is otherwise not in accordance with the law; that the person taking the decision should have exercised differently a discretion conferred by immigration rules. It does not apply to points-based system appeals on human rights, refugee, EEA or race discrimination grounds so the Tribunal could, if applicable, consider ‘late evidence’ on these grounds only.

Posted in English on May 19, 2011.