‘Unnecessary’ immigration appeals curbed by new restrictions
Appeals against refused applications under the points based system will no longer allow late evidence, in a move designed to reduce 'misuse of the system'.Effective from 23 May 2011, tribunals will not consider any evidence that is submitted after an application has been made in appeals relating to applications made in the UK under the points based system.
Immigration Minister, Damian Green, made the announcement on the UKBA website on 19 May 2011.
Two-thirds of successful appeals granted by immigration judges are won because late evidence is submitted that was not provided in the original application. The change in the rules will require applicants to ensure that their application is correct before they submit it.
The changes will apply from 23 May to all appeals heard for the first time. This is regardless of the date the appeal was lodged. Even if your appeal was made before 23 May, if it is heard after the new rules will apply.
It is hoped the move will drastically reduce the number of tribunals and reduce the costs of running the points based system.
‘A more robust system’
In his statement to parliament, Mr Green said, ‘Individuals ... unsuccessful in their application ... have been using the appeals system as a free second application process – putting in evidence at the appeals stage which should have formed part of their application.
‘It is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.’
Exemptions or mitigating circumstances
The changes to the rules provide no option for exceptions or mitigating circumstances.
This strict enforcement means that only evidence ‘being used to prove ... that a document originally submitted was genuine, or ... in support of grounds unrelated to the scoring of points under the points-based system’ will be considered after the application is made.
You should not expect any consideration on compassionate grounds for any reason. If for any reason you do not have all the documents required - if some were lost, stolen or damaged for instance - you should consider waiting before you apply.
If you are not able to obtain all the required documents for any reason we suggest that you seek professional advice.
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