When you submit an application to the UKBA for consideration, you are required to complete the relevant application form and submit documents in support of your application.
The forms are really long, in some cases over 50 pages and it’s not always clear exactly which documents you need, whether some can be certified copies or must be in original format.
Previously, if an application was refused and it was clear to the Immigration Judge that the document was in existence at the date when an application was decided but for whatever reason, the applicant had failed to submit it, the judge would usually exercise discretion and allow an appeal. This has been successfully challenged by the UK Border Agency so you no longer has this safety net.
In the case of Mahbub Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960, the court has ruled that the appellants did not have the right to rely on producing documents at a later date.
If you are unsure or unable to submit the required documents, seek legal advice. Better to be safe than sorry. We offer an application checking service, please contact us for further information.
Here is link to the determination.
In summary –
In each case the Appellant applied for leave to remain in theUKas a Tier 4 (General) Student Migrant under the Points-Based System (“PBS”) in the Immigration Rules.
In each case the application was refused by the Secretary of State because the Appellant had failed to comply with one of the requirements in the PBS to provide specified documentary evidence.
Prior to the 23rd May 2011 the three Appellants appealed against the refusal of their applications. Their appeals were heard by the First-tier Tribunal (Immigration and Asylum Chamber), (“the Tribunal”) on various dates after the 23rd May 2011.
At the hearing of their appeals the Appellants produced the missing documentation.
The question for the Tribunal was – were the appellants entitled to consider this new evidence when determining their appeals, or was it prohibited from doing so by section 85A of the Nationality Immigration and Asylum Act 2002 (“the 2002 Act”) which came into force on 23rd May 2011 by virtue of The UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011 (“the Order”)?
