Restrictions on 'new evidence' at points-based system appeal

[mvent00]

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.

Section 19 will apply to all appeals heard for the first time on or after 23 May against refusals of applications to remain in the UK under a points-based system category.

Appeals that have been part-heard or fully heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.

If you want to apply for permission to remain in the UK under a points-based system category, you should take particular care to consult and follow the relevant guidance and checklists on this website when making you application. You must ensure that you submit all required documentation with your application.

Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system.

The commencement of Section 19 was announced on 19 May by Immigration Minister Damian Green. You can find the text of the UK Borders Act 2007 on the Office of Public Sector Information website.

[vinny]

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