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Thursday, 2 June 2011

Restrictions on 'New Evidence' at Points-Based System (PBS) appeals

The UK Border Agency has announced another measure under the UK Borders Act 2007 (Section 19) to restrict the evidence that an applicant can rely on at an appeal hearing. This change takes effect from 23rd May 2011.

This new measure that applies to all appeals hearing means that all evidence in support of any appeal under the Points Based System should be submitted at the time the application is made.

The implication of this is that all applicants must ensure that all required documentation is submitted with the application at the onset.

In a statement from the Immigration Minister Damian Green, which he announced on 19th May 2011, states that “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”.
Part of the reasons for this new measure is meant to stop the misuse of the appeal system through unnecessary and lengthy immigration appeals.

According to the immigration Minister, “UK Border Agency statistics show that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted”.

This new measure is therefore tailored to specifically put an end to the practice where individuals often dragged out their appeals through submission of new evidence at the last minute.

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