No new evidence at the time of appeal - unconstitutional?

[vedant12]

From 23 May 2011, Section 19 of the UK Borders Act 2007 will restrict the evidence that an applicant can rely on at an appeal hearing. Any evidence submitted must have been produced at the time when the application was made. This change is effective to applications made in the past but where first appeal is after 23rd May.

Can this be challenged on the grounds that this is unfair / unconstitutional for applications made before 23rd May but appeal may happen after that date and is it worth it? Any suggestions?

[vinny]

Note that the change will affect even ongoing current appeals that have been lodged already, which is quite a surprise and may be of questionable legality.

[IMMIGRATION LAWYER]

I was on a professional course, and I had a word with a barrister I ofteb meet in court. The opinion was similar: unless it is properly challenged, there is nothing you can do.